HomeMy WebLinkAboutBOA Agenda Packet 11-22-2016 BOARD OF ADJUSTMENT
REGULAR MEETING
CAPE CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
November 22,2016
6:00 P.M.
AGENDA
CALL TO ORDER:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the Board of Adjustment (Board)
excluding public hearing items which are heard at the public hearing portion of the meeting,
ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or
emergency items. Citizens will limit their comments to three(3)minutes. The Board will not take
any action under the "Reports and Open Discussion" section of the agenda. The Board may
schedule items not on the agenda as regular items and act upon them in the future.
NEW BUSINESS:
1. Quasi-Judicial and/or Public Hearing: Motion Re: Variance Requests No. 16-02— 127 Oak
Lane — John Dismore — Applicant. To allow for a 4 ft. setback from the subject property's
eastern most lot line rather than the 8 feet required by Section 110-297(a)(2),City Code.
REPORTS AND OPEN DISCUSSION:
ADJOURNMENT:
Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public that: If a person decides
to appeal any decision made by the Board of Adjustment with respect to any matter considered at this
meeting,that person will need a record of the proceedings, and for such purpose that person may need to
ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges
or appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public
Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing
assistance to participate in the proceedings should contact the Community Development Department(868-
1222,ext. 15)48 hours in advance of the meeting.
:t4Tlizior,44-2J--' 1
4, City of Cape Canaveral
Board of Adjustment
Meeting Date: 11/22/2016
Item No.
Subject: Variance No. 2016-02 is a request to allow for a 4 ft. setback from the subject
property's eastern-most lot line rather that the required 8 feet. The subject parcel contains a
single-family residence and has an address of 127 Oak Lane (Attachment 1 —Location Map).
Department: Community Development(CD)
Applicant/Owner: John Dismore/Sheropa, LLC
Summary: The applicant is requesting a variance to the eastern side yard setback from the
required 8 feet to 4 feet (Attachment 2 — Application). The subject parcel contains a single-
family house and has an address of 127 Oak Lane. The property is zoned C-1, which is required
to meet R-2 standards when developing in a residential manner.
On October 6,2015,the City issued a building permit for the construction of a house at 127 Oak
Lane. The permit was issued in reliance upon a survey from Walker Surveying, a licensed
surveyor in the state of Florida, which indicated compliance with City Code requirements,
including property lines, setbacks, the location of improvements, etc. The permit application
also included a warranty deed, with a legal description consistent with the survey (Attachment
3).
Subsequent to the issuance of the building permit, there were suggestions by adjacent property
owners that the submitted survey was incorrect. The City requested documentation in support
of this claim. A second survey was submitted to the City by the resident of 123 Oak Lane on or
around January 15, 2016 (Attachment 4). This survey was conducted by Riehl Reliable
Surveying and Mapping and it did show a conflict with the Walker survey. The conflict centered
on the location of the shared side property line between 123 and 127 Oak Lane. The two surveys
indicate a discrepancy of 4 feet on where the property line is located.
The applicant has reported that an attempt to purchase a four foot section of property from the
owner of 123 Oak Lane has been unsuccessful. Therefore, the applicant has submitted a revised
survey showing the property line in question shifting 4 feet to the west of the original location
(Attachment 5). This is in accordance with the Riehl survey and results in a four (4) foot side
yard setback to the house on 127 Oak Lane. For this purpose,a variance of 4 feet to the required
8 foot setback is being requested.
Sec. 110-37 of the City Code establishes certain criteria that must be evaluated when a variance
is being considered. For a detailed analysis of the requested variance's compliance with the
criteria, please see the attached Staff Analysis and Worksheet(Attachment 6).
Subject Property Future Land Use/Zoning Designation: Residential/C-1
Surrounding zoning:
North—C-1
South—C-1
East—C-1
West—C-1
Board of Adjustment Meeting Date: 11/22/2016
Variance No. 2016-02
Page 2 of 2
Surrounding uses (Attachment 7):
North—Multi-family Residential
South—Single-family residential
East—Single-family Residential
West— Single-family Residential
Attachments:
1 - Location Map
2—Application/Walker Survey
3 - Warranty Deed
4 - Riehl Reliable Survey
5 - Updated Walker Survey
6 - Staff Analysis and Worksheet
7 - Site Photos
The CD Staff recommends that the Board of Adjustment take the following action(s):
Approve a four(4) foot side yard setback variance to the required eight (8) feet to allow for a 4
foot setback on the east side yard for property located at 127 Oak Lane.
Approved by CD Director: David Dickey Date: I I��7` lb
Attachment 1
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ATTACHMENT 2
City of Cape Canaveral
VARIANCE
Instruction Sheet
A pre-application meeting with the Community Development Planner is required
prior to completion and submittal of a Variance application.
The Variance shall be prepared in compliance with the requirements of Chapter 110,
Sections 110-36 & 110-37 of the Code. To access the Code, visit
httpa/www.cityofcapecanaveral.orp, highlight City Departments, highlight City Clerk, click
on City Code of Ordinances; click on http://www.municode.com and then click on
Cape Canaveral Code of Ordinances.
This application packet must be completed, legible and submitted with all required
documents referred to herein, to the City of Cape Canaveral, Community Development
Department, 110 Polk Avenue, PO Box 326, Cape Canaveral, FL 32920. You and/or
your representative are required to attend the meetings in which your request will be
considered. You will be notified of the dates and times of meetings. Meetings are held
at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL 32920,
unless otherwise stated.
The following items must be included for there to be a complete and reviewable
submittal. If all items are not included at time of submittal, the application will not be
accepted.
1 VARIANCE Submittal Checklist
1. Completed application & worksheet.
2. X Power of Attorney, if applicant is not the owner.
3. ) Payment of application fee and escrow deposit.
4. K Radius package from Brevard County, including: a radius map, three (3) lists of
properties located within 500 ft. of the subject property; one (1) set of mailing
labels (instructions on page 6).
5. Property survey showing legal description and subject property boundaries.
6. Copy of recorded deed or Opinion Title for subject property.
Variance Application-01/2015 Page 2
City of Cape Canaveral
VARIANCE
Information Sheet
Description of Request: (Insure that the specific Code sections of the zoning
ordinance that allow and support your request are noted). If necessary, attach separate
sheet.
Address of request: 1Z1 00N, \am.e. ace_ Qc e cx\ VI 32_9 ZO
1
Name of Project (if applicable): 1,11
Legal description: Lot(s)K.2.5 Block SubdivisionTpuAnn5
Section 2_14 Township 3-1 Range 14
FLU and Zoning designations: I ' I • • - & • •I & `. IkL,
Statement of Fact:
I, ()CSh" 1 A1C t_ , being duly sworn, depose and say that:
( I am the property owner.
} X I am the owner(s) designated agent. (attach notarized letter of authorization).
Owner(s) Name: tCSQ LLC
Mailing Address: goo
Rea-m-v)c,OGW- err‘Mie—ga\ Ft 329 ?�
Phone number(s):
Email(s):
Designated Agent Information (if applicable):
Name of Designated Agent: 30\--vxt`� r('�
Mailing Address: •L 6 'CS. . a, . - - ' :1l�1 a. C. cio4
Phone number(s): 321 (An 32>3
Variance Application- 01/2015 Page 3
Email(s): OJjC3OXO12h \R.3 Ps ant - COr
City of Cape Canaveral
VARIANCE
Information Sheet— Cont'd
I hereby attest that all information, sketches and data contained and made part of this
request are honest and true to t best of my knowledge and belief.
Signature of Applicant:
State of Flo 'da
County of �Loa-6
Sworn to and sub bed before me on this ,q day of (U
201 by ,\-v-)A.., &cc., ho is personally
known, or 0 roduced i.d. —Typ- o ' ..
Signature of Notary:
Notary Seal:
6RARES
t MY COMMtSSiONNDYoENiSE kFF084703tOR
EXPIRES January 21.2018
t40 FW/ItlENOti $!Nk)6.COm
Variance Application-01/2015 Page 4
AUTHORIZATION TO ACT AS APPLICANT
I, Patrick T. Lee as President of Sheropa LLC, authorize John Dismore to act as applicant,
Representing me, in Public Hearings before the City of Cape Canaveral pertaining to Land
Use issues, including but not limited t ozvarisce proceedings.
J/ , /.
/
ire
Patrick T. Lee President Sheropa LLC
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this 2 day of n 2016 by
Patrick T. Lee Driver License number L000-678-50-347-0
MARY GAL
if%. Commission I FF 29265
.. My Commission Expira9
„^, June 19, 2017
NOTARY )1Z---e---
PUBLIC /
My commission expires:'�� /7',Z�l7
4
II
City of Cape Canaveral
VARIANCE
Application & Worksheet
Variances are to be authorized where they are not contrary to the public interest and
where, due to special conditions, a literal enforcement of the terms of the Ordinance
would result in unnecessary hardship. The Ordinance sets forth specific conditions
which must all be demonstrated by the applicant before the Board empowered to grant
the Variance. If the applicant cannot satisfactorily address all of the following, this
should serve as a preliminary indication that the application may be rejected.
The conditions are as follows and items (A) through (F) must be answered in full. (City
Code Section 110-62).
A. That special conditions and circumstances exist, which are unique to the land,
structure or building involved and are not applicable to other lands, buildings or
structures in the same district.
See attached
r
B. That literal interpretation of the provisions of the Zoning Ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district and would put unnecessary and undue hardship on the applicant.
See attached
C. That the special conditions and circumstances referred to in item (A) above do
not result from the actions of the applicant.
See attached
Variance Application-01/2015 Page 5
City of Cape Canaveral
VARIANCE
Application & Worksheet— Cont'd
D. That granting the Variance requested will not confer on the applicant any special
privileges that are denied by the Ordinance to other lands, structures or building
in the same district.
See attached
E. That the reasons set forth in the application justify the granting of the Variance,
and that the Variance, if granted, is the minimum that would make possible use
of the land, building or structure.
See attached
F. That the granting of the Variance will be in harmony with the general intent and
purpose of the Zoning Code and will not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
See attached
•
While these conditions may seem unduly harsh and stringent to the individual applicant,
it must be remembered that the Zoning Ordinance was enacted for the benefit of the
community as a whole and requires an organized and controlled pattern of the
community's development.
•
It should be noted that the difficulties or hardships relied upon must be unique to that
particular property (e.g. peculiar lot shape) not general in character, since difficulties or
hardships shared with others in the area go to the reasonableness of the zoning
generally, and will not support a Variance. If the hardship is one that is common to that
area, the remedy is to seek a change of the zoning classification for the neighborhood.
Variance Application-01/2015 Page 6
APPLICANT & WORKSHEET- VARIANCE FOR 127 OAK LANE/ SHERPA
LLC
Response to questions:
A. That special conditions and circumstances exist, which are unique to the
land, structure, or building involved and are not applicable to the other
lands, buildings or structures in the same district.
On 6/28/2016 the applicant purchased four lots on Oak Lane. The applicant
received a title policy for the four lots as well as recored deed. The
applicant had a survey done on all the lots that reflected the dimensions of
the property as stated in the deed and the title policy. Turnkey Construction
permitted a single family residence that met all setbacks according to our
deed, survey and title policy.
B. That the literal interpretation of the provisions of the zoning ordinance
would deprive the applicant of the rights commonly enjoyed by other
properties in the same zoning district and would put unnecessary and
undue hardship on the applicant.
After starting construction on the house, about the time trusses were being
installed, we were presented with a survey from people that were
considering the purchase the home next door ( 123 Oak Lane.) They stated
that our rear property stake was on the lot they were considering. At this
time we contacted our survey company (Walker Land Surveying, Inc) and
asked them to check the survey. John Walker checked our survey and
stated it matched our deed..in which case it did indeed. At this point
Turnkey Construction proceeded on with the construction process.
On January 19,2016 the survey company ( Riehl Reliable) that had been
hired by the property owners next door (123 OakLane) called Walker Land
Surveying and also emailed John Walker a copy of his survey showing
overlapping survey. During this time the construction on the house had
already passed the electrical rough, mechanical rough and shingles had
been installed.
If their survey is correct then our setback is roughly 4ft rather than the 8th
the city requires. This creates the hardship.
C. That the special conditions and circumstances referred to in item (A)
above do not result from the actions of the applicant.
The applicants not responsible for the overlapping survey that concert with
the deed, Title policy and survey.
D. That granting the variance requested will not confer on the applicant any
special privileges that are denied by the ordinance to other lands,
structures or building in the same district.
We can not comply with the setbacks set at 8ft at this point. We have
offered to to purchase the the portion of the lot next door to rectify the
situation. The new owners of 123 Oak lane have no interest in selling a
portion of the lot for what we feel is more than a fair offer.
E. That the reason set fourth in the application justify the granting of the
variance, and that the variance, if granted, is the minimum that would make
possible use of the land, building or structure.
The variance we are seeking is the bare minimum and without the variance
the applicant will not be able to complete the construction and CO the
house.
ill
City CapeCanaveral of C a C4
VARIANCE
Radius Package Instructions
Order the "Radius Package" from the Brevard County Planning & Development
Department, Graphics Division, located at the Central Brevard County Property
Appraiser's Office, Brevard County Government Center, 2725 Judge Fran Jamieson
Way, Bldg. A, Room 114, Viera, Florida, 32940. Office hours are 8:00 a.m. to 5:00
p.m., Monday through Friday, except on holidays.
Instructions:
To order a radius package contact: the Graphics Division at (321) 633-2060, or by
Email: joanne.adams@brevardcounty.us.
You will need the subject property(s) tax ID number, address or parcel ID.
The radius package will include two lists of properties located within the 500 ft.
boundaries of the subject property; and one (1) set of mailing labels.
You will be contacted when your radius package is ready for pick-up or mailed.
The cost is $40.00. Brevard County will accept payment in the form of cash or check
made payable to the Brevard County Board of County Commissioners, and credit or
debit cards (except VISA).
Submit the complete radius package to Dave Dickey, Community Development Director
for further processing of your request.
Variance Application-01/2015 Page 7
City of Cape Canaveral
VARIANCE
Application Fee Sheet
Date:
Z5 - l � r
Project Name: 171 cn t o
Application Submittal Fee—
VARIANCE $250.00
Total Application Fee: = $
2SO 6a
RECENED
JUL 2 6 2016
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Variance Application- 01/2015 Page 8
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CFN 2013154686, OR BR 6921 Page 2632, Recorded 07/12/2013 at 01:48 PM, Scott
Ellis, Clerk of Courts, Brevard County Doc. D: $875.00
Attachment 3
Pre{tsrcd by: •
Mitaek Brenner
Landmark Title Agency,Inc.
400 East Merritt Avenue,Suite D
Merritt Island,Florida 32953
Fik Number. 13-11873 A
•
General Warranty Deed
Made this lime 26,2013 A.D.By
ANTHONY FILLICHIO mad CATHERINE FILLICHIO,husband lad wile,
whose mailing address is: 6 Minnetonka Road,See Ranch Lakes,FL 33308,
hereinafter called the grantor,to•
SHEROPA,LLC,a Florida Limited Liability Company
whose poet office address is: 400 Harbor Drive,Cape Canaveral,FL 32920,
hereinafter called the grantee:
!Whenever used heron the term-roma.and'grantee'wctudc aft the parties is mn mstruoent and the hen.kid rtpnso atwes and anion of
ad,v,duah,and the lac vs ted acorn etcorporatioro)
Witnesseth,that the grantor,for and in consideration of the sum of Ten Dollars,($10.00)and other valuable
considerations,receipt whereof is hereby acknowledged,hereby grants,bargains,sells,aliens,remises,releases,conveys and confirms
unto the grantee,all that certain land situate in Brevard County,Florida,viz
SEE EXHIBIT"A"FOR LEGAL DESCRIPTION ATTACHED HERETO AND INCORPORATED HEREIN 8Y THIS
REFERENCE.
THE'PROPERTY HEREIN DESCRIBED IS VACANT ANDONA18PEOV8D LAND.
Parcel ID Number:24-37-14028-AI0;24-37-14-2$-A2S;24-37-14-28426 sod 24-37-14-28-A27.
Together with all the tenements,hereditaments and appurtenants%theretobeloogieig or in anywise appertaining.
To HAW and to'Hold,the astute"m fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;that the
grantor has good right and Lawful authority to sell and convey said land;that the grantor hereby fully warnrss the title to said land and will
defend the sante against the lawful claims of all persons whomsoever,and that said land is free of all encumbrances except taxes accruing
subsequent to December 31,2013.
In Witness Whereof, the said grantor has signed and sealed their.presents the day and year first above written.
Signed, sealed and delivered in our presence:
,,.:• IOW
tineas'Vi asda'tutwic_. Y f Tdr�1\r� mann& 6 Minnetonka Road,Sea tt Latina,-FL 33308
el.
(Seal)
Y
0 CATHERINE FILLICHIO
_ Address:6 Minnetonka Road,Sea Ranch Lakes,FL 33308
Winans Vemiedihioltle
State of Florida
Canty of ' to t 'ct
•
The foregoing instrument was acknowledged before me this 7$ day of June,2013,by ANTHONY FILLICHIO sad CATHERINE
FILLICHIO,husband and wife,who istare personally known to nuc or who has produced as
identification.
Psi
Notary Mir it_vr pcfre,
roe New:
My GrrimIeu
MAIitPA7CN
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plisses airway a 2017 ')
1 Inure lila Ow.,haw
MT kdmdnal Warrwsty Nand with Legal an Schedule A
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OR BK 6921 PG 2633
® hicago Title Insurance.Coaspany Order No.: 4407995
Customer Reference: 13-11873 A
EXHIBIT "A"
Parcel # 1
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N.89° 38'33"W and parallel to
the North line of said Lot B, a distance of 510.10 ft. to the Point of Beginning; Thence continue
along said line a distance of 80.00 feet, thence run N.00° 54'29" W a distance of 128.50 feet,
thence run S89° 33" E a distance of 80.00 feet, thence run 5.00° 54'29" E a distance of 128.50 feet
to the Point of Beginning.
Parcel # 2
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S.00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N.89° 38'33" W and parallel to
the North line of said Lot B, a distance of 590.10 feet to the Point of Beginning; Thence continue
along said line a distance of 116.20 feet, thence run N. 00° 54' 29" W a distance of 128.50 feet,
thence run S. 89° 38'33"E a distance of 116.20 feet, thence run S. 00° 54'29" E a distance of
128.50 feet to the Point of Beginning.
Parcel # 3
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N. 89° 38'33" W and parallel
to the North line of said Lot B, a distance of 706.30 feet to the Point of Beginning; Thence continue
along said line a distance of 80.00 feet, thence run N. 00° 54'29° W a distance of 128.50 feet,
thence run S. 89° 38'33" E a distance of 80.00 feet, thence run S.00° 54'29" E a distance of 128.50
feet to the Point of Beginning.
Parcel # 4
Commence at the Northeast corner of Lot B, according to the Plat of Tutens Subdivision recorded in
Plat Book 1, page 22, of the Public Records of Brevard County, Florida. Thence run S. 00° 54'29" E
along the East line of said Lot B, a distance of 66.00 feet, thence run N. 89° 38'33" W and parallel
to the North line of said Lot B, a distance of 786.30 feet to the Point of Beginning; Thence continue
along said line a distance of 94.00 feet, thence run N.00° 54'29" W a distance of 112.00 feet,
thence run S. 89° 38'33" E., a distance of 94.00 feet, thence run S. 00° 54"29" E a distance of
112.00 feet to the Point of Beginning.
•
Copyright American Land Title Association. All rights reserved. UM%
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the
date of use. All other uses are prohibited Reprinted under license from the American Land Title
Association. 5 of 5
ALTA Commitment(6/17/06)(with FL Modifications)
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PLAT OF LAND SURVEY FOR and/or CERTIFIED TO: John Dismore
Attachment J
DESCRIPTIONS AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF LOT 8, ACCORDING TO THE PLAT OF TUTENS SUBDIVISION, RECORDED IN PLAT
BOOK 1, PAGE 22, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, THENCE RUN S 00'54'29"C, ALONG THE
EAST LINE OF SAID LOT 8, A DISTANCE OF 66.00 FT, THENCE RUN N 89'3833' W AND PARALLEL TO THE NORTH LINE OF
SAID LOT B, A DISTANCE OF 510.10 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID LINE A DISTANCE
OF 80.00 FT, THENCE RUN N 00'5429" W, A DISTANCE OF 128.50 FT, THENCE RUN S 89'3833"E, A DISTANCE OF
80.00 FT, THENCE RUN S 00'5429"F, A DISTANCE OF 128.50 FT TO THE POINT OF BEGINNING.
6
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4
Attachment 6
City of Cape Canaveral
Staff Analysis and Worksheet
Variance No.2016-02
Variance means the relaxation of the terms of Chapter 110 when such variance will not be contrary
to the public interest and when, conditions are peculiar to the property and not the result of the
actions of the applicant, and a literal enforcement of the code would result in unnecessary and
undue hardship.
All variance recommendations and final decisions shall be based on an affirmative finding as to
each of the following criteria:
1. That special conditions and circumstances exist which are unique to the land,
structure or building involved and are not applicable to other lands, buildings or
structures in the same district.
The conflicting surveys have created a situation that is unique to the land and is not
applicable to surrounding properties. As a result, the subject parcel does not meet the
minimum side yard setback requirements of the R-2 zoning district.
2. That literal interpretation of the provisions of the zoning ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same zoning
district and would cause unnecessary and undue hardship on the applicant.
The R-2 side setback requirement requires that an applicant have a minimum of eight(8)
feet of setback from the side lot line. However, due to conflicting property surveys, the
more restrictive survey shows a four foot side lot setback for the principle structure. Thus,
the current setback requirement would deprive the applicant rights enjoyed by other
properties in the immediate area. In fact, a strict application of the setback would require
that a portion of the structure be removed.
3. That the special conditions and circumstances referred to in item (1) above do not
result from the actions of the applicant.
When the applicant applied for the building permit, a survey was submitted indicating
compliance with R-2 zoning standards.Also,a warranty deed was submitted that indicated
the same legal description as the survey. It was only after this was it determined that the
side yard setback was not met.
4. That granting the Variance requested will not confer on the applicant any special
privileges that are denied by the ordinance to other lands, structures or building in
the same district.
Approval of the requested variances would not confer any special privileges on the
applicant that are not enjoyed by other properties or structures in the surrounding
neighborhood. It will only provide only the rights that adjacent property owners currently
enjoy.
5. That the reasons set forth in the application justify the granting of the Variance, and
that the Variance, if granted, is the minimum that would make possible use of the
land, building or structure.
The applicant has provided relevant and appropriate arguments that do speak to the
requisite criteria. The requested variance is the minimum to meet the required setback
standards.
6. That the granting of the Variance will be in harmony with the general intent and
purpose of the zoning code will not be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
The granting of the variance will be in harmony with the general intent of the zoning code
and will only provide for a single-family residence—similar to what currently exists in the
immediate area. The larger home will only enhance the neighborhood and surrounding
property values. Also, the home to the east of the subject parcel is approximately 20 feet
from its western side property line. If the variance is approved, the separation between the
two structures will be 24 feet.