Board of Adjustment Documents 1991

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I have driven by the property a couple of times to take a look at it to see what we are actually looking at. I also drove around the neighborhood to see what the neighborhood was like. I contacted Mr. Wood, talked a little bit about the various statutes that are involved, the reasons why the statutes are drafted the way they are, and a little bit about the background of the case. That is all the contact I have had. I truly do not have any preconceived notions about how the section will work out. I would be very interested in listening to what you have to say. Eisenstein: Would you allow me a moment to discuss this with my client? Sears: You bet. Let me just clarify something here. If for some reason we don't feel that we can make an objective decision tonight, by law we do have thirty (30) days to make a decision and, so, I just want to make that clear because I have had two questions on it. Eisenstein: We are ready to proceed at this time. Based on what we have heard and what we have seen, at least to this point, we are not interested in delaying it. Let's go ahead and see what is going on. Sears: Okay. Eisenstein: Did you want to....? Sears: Yes. I need to just make a couple of little formalities here. In granting any variance, the Board may attach such reasonable conditions and safeguards as they deem necessary to implement the purposes of Title 17. The Board may grant a variance only if it makes findings that all of the following requirements, insofar as applicable, have been satisfied: 1) That there are unique physical circumstances or conditions such as irregularity, narrowness, or shallowness of lot, or exceptional topographical or other physical conditions procurer to the affected property; 2) That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located; 3) That, because of such physical circumstances or conditions, the property cannot be reasonably developed in conformity with provisions of this Title; 4) that such unnecessary hardship has not been created by the applicant; 5) that the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use for the (?) of the adjacent property; and, 6) the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions of this Title, which are in question. What I would like to do is to make sure that I have a grasp of this, just put briefly in my own terms, and then if you would continue on with the presention...The way I see this is that the applicant would like us to grant a variance tonight to allow two additional feet on a front yard privacy fence so that a six foot high privacy fence can be built in the front yard setback. Now the front yard setback is defined by building code as on a corner where we have two streets. Two main streets intersecting the front yard setback is that defined by that property along Cleaveland Ave. So, technically, with that 5