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File #: ID 21-0452    Version: 1 Name:
Type: Action Item Status: Other Business
File created: 9/7/2021 In control: Board of Adjustment
On agenda: 10/7/2021 Final action: 10/7/2021
Title: Brandon Helget Variance Request - Driveway Approach - 1021 Circle Drive
Attachments: 1. Public Hearing Notice, 2. Aerial Map, 3. Site Plan, 4. Application
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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Brandon Helget Variance Request - Driveway Approach - 1021 Circle Drive

Brandon Helget has made a request for a variance on Lot 23, Fishback Subdivision, also known as 1021 Circle Drive. The request is to establish a driveway approach from Circle Drive.

1021 Circle Drive is a double frontage lot with a primary front yard along Circle Drive to the east and a secondary front yard in the rear along Main Avenue to the west. In 2011, a previous owner requested a variance to construct a detached garage with a reduced front yard setback along Main Avenue. The variance was approved with the condition that the applicant remove the access drive off Circle Drive. The access drive was removed, however, the remaining driveway was not required to be removed and has legally remained in place. The current owner wishes to reestablish the access drive off Circle Drive to connect with the remnant driveway.

Findings of Fact:
(1) Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and the variance shall not violate the spirit of the ordinance and substantial justice may be achieved as a result of variance.

Finding: Sec. 94-343 states that one access drive shall be permitted onto any street which the lot or block abuts. The condition of the 2011 variance requiring the previous homeowner to remove the Circle Drive access has created an unnecessary hardship and also violates the spirit of the ordinance. Substantial justice may be achieved by reversing the prior Board of Adjustment decision to place the condition of access drive removal on the variance request. Conditions placed on variances shall also relate specifically to the impact of the variance being sought. In the case of an accessory structure setback, conditions should have related specifically to the impact of an accessory structure's location closer to the street. The requirement that the applicant remove an access driv...

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