Variance-Construct. of GarageL
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April 17, 1985
Case No: 85 -16
Applicant: Leroy Herman
Location: 416 Murphy Avenue
Request: Variance to construct garage larger than maximum allowed by ordinance
STAFF FINDINGS & COMMENTS: Anderson
1. Applicant is requesting a variance to construct a 22'x28' garage. The subject
site is located at 416 Murphy Avenue and is zoned R -2.
2. Ordinance 427.08(3) requires accessory buildings to a residential structure shall
not exceed an aggregate area of 528 square feet per dwelling unit. The proposed
building is to be 616 square feet.
3. Ordinance 427.08(4) states that no detached accessory building in any district
shall be located closer than two feet from any side or rear lot line. The pro -
posed building will be within the minimum setback requirements.
4. The house to the north has a sideyard that exceeds the minimum requirements.
5. The size of the subject site is 8700 square feet. Ordinance 427.07 makes the
site a legal lot, however, the minimum required lot size for a lot if it were
platted in an R -2 district today is 12,000 square feet.
6. Ordinance 427.23 states that variances shall be approved only by circumstances
unique to the property under consideration would.cause. undue hardship to owner.
The applicant has stated that there is no parking for a second car other than
the street, also it is to be used as a storage area.
7. The applicant has contacted the surrounding neighbors.
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• FOR VARIANCE APPLICATION ONLY
NOTE: The purpose of a variance is to provide relief to a property owner when
the strict enforecment of the Zoning Ordinance would cause an undue hard
ship to the property owner or deny reasonable use of the property.
Hardship to the applicant is the crucial test. Variances will be granted
only in unusual situations which were not foreseen when the Zoning Ordin-
ance was adopted. Economic situations are seldom unique and are rarely
considered a valid hardship.
Hardship A.
Explain why strict enforcement of the Zoning Ordinance would cause undue
hardship
• Conditions B.
What are the special conditions (shape of lot, exceptional topographic
conditions, etc.) of this request that are unique to this property and
do not apply generally to other properties in the district?
List of Homeowners
Contacted by Applicant C.
Submit a list of names and addresses of neighbors contacted.