02-26-2024 FINAL AGENDA PACKET - Laserfiche WebLink

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Criteria for Decision Making Variance(s) -if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: Hilde Court is a narrow 20' right-of-way that dead ends into the railroad tracks. The road appears and functions more like an alley than a street, so approving variances to allow for it to be treated as such would not be injurious to the health, safety, or general welfare of the community. 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: Granting the variances will actually allow for improved screening for the few houses that exist on the block. If the variances are denied and the 6' screening fence has to be removed and replaced by 2' tall shrubs, the use and value of adjacent properties will be negatively impacted. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The Ordinance is intended to improve buffering along public streets. Although Hilde Court is technically a street, the width and improvements of the right-of- way function more as an alley that warrants the treatment as such. The southern portion of the parking lot existed in its current configuration since before 1985. The northern portion was redone with the assistance of a contractor and in a way to match the existing parking area. The fence was legally installed in compliance with the Ordinance and should be allowed to continue as a legal non-conforming structure. While saw cutting the parking lot would not be difficult, the underlying base and oils from the asphalt will make planting in this area extremely difficult, thus making the exercise pointless. Strict application will require a 6' fence be removed and replaced with 2' tall shrubs, which will ultimately provide less screening to the adjoining neighbors. 4)The variance granted is the minimum necessary, because: The variance requested is the minimum necessary to support maintaining the property in the same way it has existed for more than 15 years. Financial institutions are unwilling to lend on the property since the parking lot portion of the lot is still zoned residential, which is the basis for the request. The property is maintained in good condition. The variances will allow for the reuse of the building in a way consistent with the intent of the Ordinance. 5)The variance does not correct a hardship caused by a former or current owner of the property, because: The layout and condition of Hilde Court is not caused by the current or former owner. The property has clear frontage and interaction with Lincoln Way East. The fact that Hilde is technically a street, even though it functions as an alley, created an undue hardship on the property owner which was not created through any of their actions.