Community Development Department Variance Length of Dock Roof 2 Cardinal Court

Community Development Department Variances Definition – Relief from measurable standards of Code due to physical constraints (shape, topography) that would otherwise create a hardship if applied or enforced. Purpose – Protects against unfair treatment of individual while preserving community standards. Administration – Burden of proof upon applicant; standardized questions promulgated because of litigation. Results – Approval runs with land as long as structure remains.

Aerial Map Community Development Department

Community Development Department FLU Map and Official Zoning Map

Community Development Department Site Photos – North

Community Development Department Site Photos – Northwest

Community Development Department Site Photos - Northeast

Community Development Department Site Photos - East

Community Development Department Site Photos - West

Community Development Department Site Plan

Community Development Department Dock Plan

Community Development Department LDC Section Variance is Sought Roof Lengths for Saltwater Canal Docks Property canal frontage: 70 to 79.9 ft. Maximum Roof Length: 30 ft. Requested Roof Length: 33 ft. Variance: 3 feet – 31 foot long roof plus overhang

Community Development Department Variance Criteria ULDC Chapter 2 Part II Section A. In conflict with the public interest? Application of criteria does not create hardship; dock possible; B. Development consistent with the Comprehensive Plan? Yes, dock is accessory use to single family. C. Significant financial liability or hardship for the City? No changes required to Comprehensive Plan CIE or CIP. D. Creating a hazard, nuisance or threat? No, smaller adjacent lots with more canal frontage can have bigger docks; E. Compliance with other criteria? Yes, the proposed dock appears to meet other criteria.

Community Development Department Variance Criteria, continued ULDC Chapter 2, Section Special conditions and circumstances peculiar to the land, use, or building and not applicable to others in the same district- No, LDC limits roof lengths based on canal frontage to maintain proportion of house to dock and maintain navigation. 2.Special conditions and circumstances are not self imposed- No, applicant desires a larger roof than permissible. 3.Application of the land development code standards to the property creates an unnecessary hardship & depravation of rights – No, dock still possible. 4.Variance is the minimum relief necessary- No, relief includes reduction in size of dock. 5.Granting the variance is in harmony with the public health, safety, welfare and is not detrimental to the area- Yes, because: -Dock roof potentially smaller than others in immediate area; -House is situated on canal, maintaining proportion of buildings; -City owns property south of and adjacent to lot, restricting development.

Community Development Department Recommendation Denial, based upon failure to comply with LDC Chapter 2, Section – Review Findings A.1 and 2.