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03B - Variance to Construct a Dwelling - Holley
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04-21-2005 Planning and Zoning Meeting
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03B - Variance to Construct a Dwelling - Holley
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Planning Commission Direction: The Planning Commission, when reviewing variances, has <br /> the ability to approve the variance with conditions based on findings. The Commission may also <br /> deny the variance based on findings. If there is not sufficient information to make a decision, the <br /> Commission may table the application and request additional information. <br /> Staff Recommendation: Based on the findings presented,the Staff cannot recommend approval <br /> of the variance application. The applicant has not shown that there is an extraordinary or <br /> unnecessary hardship that runs with the land and would cause them to need the variance. <br /> Reasonable use of the property exists as a dwelling could be constructed on the property without <br /> encroaching on any of the setbacks. <br /> Utilities are located on the property, but their exact location is unknown at this time. The <br /> applicant has been asked to submit a survey of the property showing all setbacks, locations of <br /> any utilities, and the proposed location of the structures drawn to scale, but this has not been <br /> received. If the utilities are located on the property boundary, as is assumed, the rear yard <br /> setback of 30 feet would not change from what is listed in the Ordinance. <br /> A dwelling can be constructed on the property without needing a variance to the setbacks. <br /> Meeting all the setbacks, the building envelope is 36.5' x 77'. The proposed dwelling measures <br /> 30' x 60', having ample space to build on this property without a variance. The total proposed <br /> structure, however, is further extended by the attached garage so that, in all,the proposed <br /> structure measures 36' x 90', requiring 13 feet of additional space into the rear or front yard <br /> setback. The addition of the deck and the front porch requires additional variance from the side <br /> yard setback. <br /> The applicants could build a dwelling on their property with requiring a variance by <br /> reconfiguring the structure, reducing the size of the attached garage, and removing the deck. <br /> Based on these findings, the Staff recommends tabling the application so that the applicant can <br /> submit a survey of the property with the required items drawn on the survey. <br /> April Staff Report 2-2 <br />
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