Zoning Board of Appeals

Suggested Option #3: MOVED BY: SUPPORTED BY: RESOLVED, in the case of #2024-03 to approve the request for variances for 102 Delta with the following conditions: 1) that the petitioner agrees to abide by and comply with all applicable rules and regulations and orders of every lawful agency or governing authority having jurisdiction; and 2) that the decision of the board will remain valid and in force only as long as the facts and information presented to the board in public hearing are found to be correct and that the conditions upon which the motion is based are maintained as presented to the board. In addition: (1) Such variance will not be detrimental to adjacent property or the surrounding neighborhood. (2) Such variance will not impair the intent and purpose of this article. (3) Circumstances create a practical difficulty because of unique physical conditions. (4) Such variances are necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and vicinity. (5) This situation is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation. (6) This situation is not the result of actions of the property owner. (7) That strict compliance with ordinances would unreasonably prevent the owner from using the property for a permitted purpose. (8) That the variances requested mitigate the hardship. (9) That the variances will relate only to property under the control of the applicant. This motion includes the following conditions: a. A building permit for the proposed new house must be approved and issued within the next 90 days or the variance expires, without need for action by this Board. b. The new house must be complete and issued a certificate of occupancy within one (1) year of the date the building permit is issued. c. The lot split application will not be processed until the new house is 85% complete as determined by the Building Official. d. The approval of this variance shall not be rationale for any future variance requests. e. Any additional variance requests may be grounds for revocation or revision of any variance that is granted. f. Any violation of the terms and conditions of the ZBA decision or of any requirements of the City’s Ordinances may be grounds for revocation of the variance. APPROVED/Denied