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- Any drainage pattern disruption resulting from the installation of the garage must be addressed by the applicants so that there is no resulting negative effect on neighboring or city-owned property.
- Trench drain to be installed and inspected per Oakwood rules and regulations.
VARIANCE FACTORS
A.
Whether the property in question will yield reasonable return or whether there can be any beneficial use of the property without the variance;
PRELIMINARY STAFF FINDINGS:
The property can yield a reasonable return with or without the variance.
B.
Whether the variance is substantial;
PRELIMINARY STAFF FINDINGS:
Staff believes this variance request is substantial in nature. The home is already non-conforming as to the rear yard setback and the garage addition would be increasing the non-conformity.
C.
Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
PRELIMINARY STAFF FINDINGS:
It is the opinion of staff that the essential character of the neighborhood would remain intact should the BZA be inclined to grant this variance request.
D.
Whether the variance would adversely affect the delivery of governmental services (i.e. water, sewer, refuse, police/fire);
PRELIMINARY STAFF FINDINGS:
There is no reason to believe governmental services would be adversely affected due to the granting of the variance. (See attached comment forms.)
E.
Whether the property owner purchased the property with knowledge of the zoning restriction;
PRELIMINARY STAFF FINDINGS:
Staff has no information as to the owner’s knowledge at the time of purchase.
F.
Whether the property owners’ predicament feasibly can be obviated through some method other than a variance;
PRELIMINARY STAFF FINDINGS:
Due to existing layout of the lot and the nature of the garage structure, it would be difficult for the applicant to complete the proposed project without a variance. The applicant could reduce the overall size of the structure, but it is likely that setback variances would still be required.
G.
Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance;
PRELIMINARY STAFF FINDINGS:
The spirit and intent of the setback requirement is to ensure a reasonable distance between the principal structure and the property line, and to align houses with other homes in the block for aesthetic purposes.
It is staff’s opinion that the applicants have chosen the most logical location