Title
Public Hearing - File No. PVAI2025-0007
Location: 1141 Cripple Creek Ln., located west of Livernois between Tienken and Dutton Rd., Parcel 15-04-252-002, zoned RE Residential Estate.
The applicant is requesting a variance from Sec. 138-5.100 Schedule of Regulations, which notes that the required side setback for a principal structure in the RE One Family Zoning District is 15 feet. The proposed variance, if granted would allow for an encroachment of 5.2 feet into the required side setback (west side) for the construction of an attached garage to the existing home.
Body
Resolved, in the matter of File No. PVAI2025-007, that the request for a variance of 5.2 feet from Sec. 138-5-100 Schedule of Regulations, which requires a side setback of 15 ft. in the RE Residential Estate zoning district, Parcel Identification Number 15-04-252-002, be APPROVED to allow for the proposed attached garage addition to be constructed at a westerly side setback of 9.8 feet, because a practical difficulty does exist on the property as demonstrated in the record of proceedings and based on the following findings. With this variance, the property shall be considered by the City to be in conformity with the Zoning Ordinance for all future uses with respect to the setbacks for which this variance is granted.
1. Compliance with the strict letter of the Zoning Ordinance would prohibit the reasonable use of the property and will be unnecessarily burdensome.
2. Granting the variance will preserve a substantial property right for the applicant and thus substantial justice shall be done.
3. A lesser variance will not provide substantial relief, and would not be more consistent with justice to other property owners in the area.
4. There are unique circumstances of the property that necessitate granting the variance as described in the above criterion, specifically that the property is encumbered by a significant watermain and watermain easement that traverses the site, west to east and limits the location(s) in which the existing residence can be modified/expanded. Additionally, the presence of a significant old oak tree limits possible locations for an addition to the east.
5. The granting of this variance would not be materially detrimental to the public welfare or existing or future neighboring uses.
6. Approval of the requested variance will not impair the supply of light and air to adjacent properties, increase congestion, increase the danger of fire, or impair established property values in the surrounding area.