V25-012 Staff Decision - Laserfiche WebLink

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(a) There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; and In their statement the applicants state that the location proposed for the new accessory structure is justified by multiple factors. The main practical difficulties they point out are that the location minimizes grading, tree removal and disturbance of natural vegetation, as the proposed area is already cleared and relatively level. They also point out that the other cleared areas around the existing dwelling are dedicated to the septic system drainfield and replacement area, limiting the area around the dwelling where the structure could be located. When further asked in conversation with the applicant what the issues were in locating the structure on the west side of their driveway, the applicants stated they wanted to avoid clearing the few trees remaining in that portion of the property, and to move it back farther could obstruct the solar panel array that provides the electricity to the property. The applicants have sufficiently demonstrated that there are some practical difficulties limiting their ability to locate the proposed structure within close proximity of the dwelling. The criterion is met. (b) There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and As mentioned in the previous section, the applicants outlined several reasons why there are unusual circumstances that apply to this property. First, their parcel is located in a very forested area and they want to limit the sprawl of their development to the cleared area around the dwelling as much as possible. Second, much of the cleared area is dedicated to their septic system and cannot be used to site the structure. Third, the property relies on an on-site solar panel array for electricity so the open area directly west from the dwelling across the driveway needs to remain as open as possible to minimize shading. Fourth, the structure needs to be located close to the dwelling on the property to provide safe and practical access. Not only will the structure be able to use the existing driveway for access for vehicles, but it will also allow quick walking access to the structure from the dwelling. This is a uniquely important circumstance for the subject parcel because of the remote location of the subject property. The site is deep inside the major habitat area of the Marion County big game overlay, meaning interactions with animals—including predatory animals—should be anticipated. Clustering frequently used accessory structures around the dwelling has the dual benefit of limiting impacts on the surrounding habitat and improving the safety for the residents of the dwelling. While none of these factors are sufficiently unusual on their own, in aggregate their confluence creates a situation where the best location of the structure is the proposed location. Therefore, the criterion is met. (c) The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and Based on the measurements shown on the applicants’ site plan, there is a 55-foot distance between the south property line and the dwelling in the area where the proposed structure will be located. The proposed structure is 42 feet x 42 feet and the proposed reduced setback is 8 feet, leaving 5 feet of space between the dwelling and the proposed structure. This will leave room for access to all portions of both structures for regular maintenance and in the event of an emergency (fire department access). Since space between structures for maintenance and fire access is necessary, the remainder 5 feet can be considered required, therefore requiring the structure be located at the proposed reduced setback. The criterion is met. (d) The variance will not have a significant adverse affect on property or improvements in the neighborhood of the subject property; and The proposed structure is a residential accessory structure that will serve as a storage barn for both personal items of the residents and equipment for management of the property. Structures serving these needs are commonly found at distances as close as the proposed structure, and can be developed such that they don’t have an adverse affect on neighboring properties. The proposed structure will not increase traffic demands on the existing infrastructure nor is it proposed in a location that will disrupt development on a neighboring parcel because there are no developments or improvements on the adjacent property to the south. Therefore, the criterion is met.