File #: 14-04 BOA    Name: BOA 402 Rice Street
Type: Agenda Item Status: Approved
In control: Board of Adjustment
On agenda: 5/28/2014 Final action: 5/28/2014
Title: Consider/Discuss/Act on the Request by Ron Lustig and Jason Rose for a Variance to the Minimum Front Yard Setback and the Minimum Side Yard at Corner Setback for the Property Located at 402 Rice Street
Attachments: 1. Application, 2. Locator Map

Title

Consider/Discuss/Act on the Request by Ron Lustig and Jason Rose for a Variance to the Minimum Front Yard Setback and the Minimum Side Yard at Corner Setback for the Property Located at 402 Rice Street

 

Summary

 

MEETING DATE:                     May 28, 2014

 

DEPARTMENT:                      Building Inspections

 

CONTACT:                       Rick Herzberger, Chief Building Official

 

VARIANCES REQUESTED:

 

 

ORDINANCE REQUIREMENTS

REQUESTED DIMENSIONS

VARIANCE FROM ORDINANCE

 

 

 

15’ Side Yard at Corner Setback

5’

10’

25’ Front Yard Setback

20’

5’

 

 

 

 

 

 

APPLICANT’S BASIS FOR VARIANCE:

Applicant wishes to build a single family residence.  City Right-of-way take back reduced the lot width. 

 

 

PUBLIC SUPPORT/OPPOSITION FOR REQUEST:

To date, no letters of support and no letters of opposition have been submitted.

 

BOARD AUTHORITY:

The Board has authority to authorize a variance from the terms of the Zoning Ordinance as will not be contrary to the public interest if the literal enforcement of the Zoning Ordinance would result in unnecessary hardship due to special conditions unique to the property so that the spirit of the Zoning Ordinance is observed and substantial justice done.  The Zoning Ordinance provides additional requirement for “yard variances” and “building or structure variances” that must also be met by an applicant seeking a variance in addition to the requirements set out hereinabove.

 

In addition to the general requirements set forth above the following requirements must also be met for a variance of the type identified below:

 

YARD REQUIREMENT: 

The Board has the authority to permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions.