Title
Variance Request - Lot 9, Block 2 Blairhill Addition
Body
Summary:
Major Anderson, the property owner of Lot 9, Block 2, Blairhill Addition, is requesting a variance to the side setback requirements. The request is for a reduced side setback of 6 feet from the required 8 feet.
Background:
Lot 9, Block 2 or Blairhill Addition is an undeveloped lot located along 15th St S. The applicant has purchased the lot and plans to construct a new single family home. The proposed site plan for the home would require a 2-foot encroachment into the western side setback.
A 10-foot utility easement is located along the eastern side of the property. The applicant has noted that covenant restrictions for a home on this lot require a three stall garage, 1,800 sq. ft. minimum floor plan, and a 100-foot front setback. The applicant also notes that Lot 9 is more narrow than nearby lots 11 and 12.
Findings of Fact:
Variances are reviewed using the following criteria:
(1) Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and variance shall not violate the spirit of the ordinance and substantial justice may be achieved as a result of variance.
Finding: Lot 9 includes a 10-foot utility easement which is wider than a typical utility easement on a single-family lot. Utility easements generally range between 5 and 10 feet but 5 and 7 feet are most common.
(2) Unique circumstances apply to the property which do not apply to other properties in the same vicinity or district.
Finding: Covenant restrictions for Block 2 of Blairhill Addition require a three-stall garage and 1,800 sq. ft. floor plan. Lot 9 is 100 feet wide at the 100-foot front setback required by covenants. Nearby Lots 11 and 12 are roughly 112 and 116 feet wide at the 100-foot front setback respectively.
(3) The variance is necessary for the preservation of a property right that is substantially the same as that possessed by owners of other prope...
Click here for full text