HomeMy WebLinkAboutFindings of Fact Findings of fact Development Standards Variance
1. The approval of this variance will not be injurious to the public health, safety,
morals, and general welfare of the community because we are finishing out a
residential duplex neighborhood with a detached home. The variances we
are requesting will greatly improve the ability to build a marketable home on
the property. We are planning to build with the long -term in mind, making
the home ADA compliant so that we can age -in -place and using ICF to make
the home more energy efficient.
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 because the
intent is to build a home that will be similar to the neighbors built in such a
way that available space can be maximized. The 5' side yard variance request
on the north end of the property should not affect the neighbor to the north,
as that side of the property is adjacent to apartment carports, a maintenance
facility, and a pool, and these are on a different grade than 239 Legacy. We
are also applying for a side yard variance so that we can center the house on
the 29.67' wide lot. In discussing an ICF build, we were informed that the
builder would need 2' per side to waterproof a basement. Moving the build
to the center of the lot would allow for that to be done. It would also benefit
the neighbor to the south, 235 Legacy Lane. As it stands now, there is only a
1' easement in place on the southern edge of the property. If we are able to
center the house, it will give us at least an additional 1' of leeway on the
south end, which would be beneficial both to us and to the neighbors at 235
Legacy.
3. The strict application of the terms of the Zoning Ordinance to the property
will result in practical difficulties in the use of the property because the
property does not currently meet Zoning requirements. When Lot 6 was
split in two, the 29.67' width property was in violation of the applicable 1993
R -4 Zoning Ordinance requiring 50' lot width. Current R -4 Zoning requires
60' lot width.
Current regulations, especially the 15' side yard aggregate, would leave
14.67' buildable width. If we were to ignore the aggregate, the 5' side yard
standard would leave 23' buildable on the lot this is not enough to include a
two -car garage (which is standard for the neighborhood) and a front door on
the west end of the property facing the road. The 5' side yard in its current
location to the north of the lot is also not adding benefit to the neighborhood.
as can be seen by the mirror property to the west on Heritage Lane. The 5'
side yard on that property is difficult to see from the road. and forces the
in elevation; also, access to the "front" door would be unable to be seen from
the road. This would be unsafe, especially for young children. This is why we
would like to have 25' buildable on the lot, so that the front door can be
placed next to the garage door on the west side of the property, making the
door accessible, visible, and safe.
The request for the front yard variance is so that there is the ability to
construct a full basement without damaging 235 Legacy. In speaking with
Crane Builders, which deals exclusively with ICF builds, the owner suggested
not digging a basement any closer than 5 -8 feet from slab flooring any
neighbors may have, such as in a garage. Pushing forward on Lot 6A will
allow builders to steer well clear of the slab -floor garage of 235 Legacy while
still allowing us to meet local covenants requiring 700 sq. ft. of living space
on the first floor, in addition to a neighborhood- standard 2 car garage. It
would also maximize space in the back yard, which would be beneficial to the
value of the home.
This brings us to the last variance request, which is regarding 35% lot
coverage. It is almost impossible to meet the 35% lot coverage requirement.
The plat lists the square footage of the lot at 4808 sq. ft. 35% lot coverage
would be 1682 sq. ft. By adding up the current requirements, you can see
the difficulty.
700 sq. ft. min. first floor living space
+400 sq. ft. 2 car garage equals
1100 sq. ft. total house coverage
+228 sq. ft. sidewalk requirement (76' frontage, 3' wide sidewalk) equals
1328 sq. ft. house plus required sidewalk coverage.
This leaves 354 sq. ft. remaining lot coverage available, which is a 20 ft. wide
by 17 ft. long driveway not long enough to reach the street from the garage.