Zoning Board of Appeals Meeting
1 item ∙ Tue, Aug 8, 2023 at 5:30pm
∙ Approved 2-0
∙ Agenda item 1 of 1
∙ Case: VAR-2023-287
Brodick Way Fence Variance
Consider a request for a Variance from the required front yard setback to allow a 6 ft fence within the setback on 0.35 acres in an R-5 (Residential 5 du/ac) zone district.
Development Application ( 0.44 MB )
Staff Report ( 0.17 MB )
Site Map ( 0.86 MB )
Fence Plan ( 0.19 MB )
Sight Distance Sketch ( 0.2 MB )
Neighborhood Meeting Notes ( 0.1 MB )
Public Comments ( 11.42 MB )
Each decision maker will follow the criteria below when voting on this item.
Per Section 21.02.200 of the City Code, the Zoning Board of Appeals or Planning Commission shall base their decisions in consideration of the extent to which the applicant demonstrates that all of the following criteria have been met:
(1) There are exceptional conditions creating an undue hardship, applicable only to the property involved or the intended use thereof, which do not apply generally to the other land areas or uses within the same zoning district, and such exceptional conditions or undue hardship was not created by the action or inaction of the applicant or owner of the property;
(2) The variance shall not confer on the applicant any special privilege that is denied to other lands or structures in the same zoning district;
(3) The literal interpretation of the provisions of the regulations 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;
(4) The applicant and the owner of the property cannot derive a reasonable use of the property without the requested variance;
(5) The variance is the minimum necessary to make possible the reasonable use of land or structures;
(6) The granting of a variance shall not conflict with the purposes and intents expressed or implied in this code; and
(7) The granting of a variance shall not conflict with the goals, policies and guiding principles of the City’s Comprehensive Plan.