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1.Property owner proposes to use the property in a reasonable manner <br />2.The plight of the landowner is unique to the property and not created by the landowner <br />3.The variance, if granted, will not alter the essential character of the neighborhood <br />When seeking a variance, the Applicant must also prove that the request is in harmony with the general purposes <br />and intent of the ordinance and consistent with the Comprehensive Plan. <br />As a reminder, the Board of Adjustment is acting in a quasi-judicial capacity. Unlike the Planning Commission, the <br />Board of Adjustment is not a recommending body, rather is deciding on approval or denial of the Variance, subject <br />to appeals to the City Council. <br />Funding Source: <br />All costs associated with the request are the responsibility of the Applicant. <br />Staff Recommendation: <br />That due to a combination of existing factors, including the unique shape of the Subject Property, location of the <br />septic tank and drain field, and the dual frontages, it is difficult to site a detached accessory building such that it <br />complies with current zoning regulations. Additionally, there is a significant grade change from the rear of the <br />property down to 167th Lane that, in conjunction with the existing vegetation, will provide some screening for the <br />proposed building from 167th Lane. The proposed accessory building does not conflict with the general purposes <br />and intent of the zoning ordinance and seems consistent with the Comprehensive Plan and therefore, Staff <br />recommends approving the variance. <br />Commission Action: <br />Motion to adopt the resolution approving Findings of Fact related to the request for a variance to construct a <br />detached accessory building nearer the front property line than the principal structure and to encroach on the <br />side/rear setback for corner lots. <br />-AND- <br />Motion to adopt the resolution approving the variance to construct a detached accessory building nearer the front <br />property line than the principal structure and to encroach on the side/rear setback for corner lots and declaring the <br />terms of the same. <br />Site Location Map <br />Statement from Applicant <br />Aerial View of Site Layout <br />Grading of Property <br />Photos from 167th Lane <br />Proposed Findings of Fact <br />Proposed Variance <br />Attachments <br />Form Review <br />Inbox Reviewed By Date <br />Tim Gladhill Tim Gladhill 09/26/2011 11:03 AM <br />Form Started By: Chris Anderson Started On: 09/22/201104:12 PM <br />Final Approval Date: 09/26/2011 <br />