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D(~artment Report
B~ard of Zoning Appeals
April 22, 2002
Page 4 of 12
4~5hi TlltkJe Tract (V-14-02; V-15-02)
Petitioner seeks the following Developmental Standards Variances:
V-14-02 ZO 2.4: Lots 30 feet at the right-of-way line
V-15-02 2025.1.1 Accessory building fOlWard of Principal building
The site is located at 3665 West 106th Street. The site is zoned S-l/Residence - Very
Low Density.
V-14-02 - SectiOll 2.4: Lots ~ Petition to allow a lot to utilize thirty feet of frontage on a
public street.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
Insofar as the general welfare of the community is defmed by the Zoning
Ordinance (Section 2.4), adequate access to a public street is unspecified. The
Department administers this requirement in parallel with the Subdivision Control
Ordinance's minimum standard of fifty (50) feet at the right-of-way line. The
Department believes that the thirty-foot access is sufficient to meet the needs of
public safety officials. As such, the Department does not believe that the granting
of this variance will be injurious to the public health, safety, morals and general
welfare of the community.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by allowing the
site to utilize a thiliy-foot frontage. The legal, pre-existing, non-conforming
structure currently on site utilizes this access without affecting property values in
the immediate area.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use ofthe property.
The strict application of the fifty-foot requirement would render the property
ineligible for a building permit regardless ofthe site's otherwise buildable status.
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Department Report
Bbard of Zoning Appeals
April 22, 2002
Page 5 of 12
V-15-02 -Section 25.1.1: Residential Districts; Bo' Height and Area Requirements; 3:
Minimum Lot Standards; a: Minimum Front Yard - Petition to establish an Accessory
Building forward of the Principal Building.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
The garage in question currently exists, and is located fonvard of the existing
residence. It is, therefore, the Department's opinion that there will be no injury to
the public health, safety, morals and general welfare of the community through
the granting of this petition.
2. The use and value of the area adjacent to the property included III the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by allowing the
garage to remain.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
No practical difficulty exists on this site that would support the granting of a
variance to allow the garage to remain.
The Department reconunends favorable consideration ofthese petitions.
The petitioner will be re-describing four existing Tax Parcels into two properties, therebv
eliminating two non conformities.
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