E. Policy Issues
Staff Findings of Fact - Based on application review
Yes No
Unnecessary hardship would result from the strict application of the ordinance.
The hardship is a result of the grade to the rear of the property restricts placement of
the proposed addition. Without the requested variance, the proposed addition could
not be built in its current location.
The hardship results from conditions that are peculiar to the property, such
as location, size, or topography.
Due to the placement of the existing dwelling, and the topography of the site, a
portion of the proposed addition would be located within the required 20’ side yard
setback.
The hardship did not result from actions taken by the applicant or the
property owner.
When the existing home was built, it was in compliance with all required setbacks.
The variance is being requested due to the inability to expand to the rear of the
property and the need to encroach into the required side-yard setback.
X The requested variance is consistent with the spirit, purpose, and intent of the
ordinance, such that public safety is secured, and substantial justice is
achieved and will preserve its spirit.
The requested variance will not alter the single-family land use of the property and
will not affect public safety. In addition, the sprit, purpose and intent of the
ordinance (separation between structure and side lot line) will continue to be met,
although at a reduced (8.95’ rather than 20’) distance.
Board’s Findings of Fact - Based on application review and public hearing.
In order to determine whether a variance is warranted, the Board members must decide that each
of the four criteria as outlined below has been met. If the Board members concur completely with
the findings of the staff, no additional findings of fact are necessary, and the staff findings should
be approved as part of the decision. However, if the Board members wish to approve different
findings (perhaps as a result of additional evidence or testimony presented at the public hearing),
alternate findings need to be included as part of the four criteria below. Should a variance be
approved, the Board members may impose such reasonable conditions as will ensure that the use
of the property to which the variance applies will be as compatible as practicable with the
surrounding properties.
Yes No
Unnecessary hardship would result from the strict application of the ordinance.
