Chair Long asked the applicant to summarize how the request satisfied the
standards required for granting relief.
The Board deliberated the facts of the case. The Board discussed that while the
ordinance language regarding averaging with vacant lots is frustrating and
arguably a legislative issue, the applicant demonstrated unique limitations due
to the lot's small size, shape, and the presence of high-voltage overhead lines.
The Board agreed the proposal increases setbacks compared to the current
structure.
Conclusions of law:
1. Unnecessary Hardship: The Board determined that strict application of the
ordinance would be unnecessarily burdensome because the lot is a small,
non-conforming parcel of record. The hardship is not self-imposed but is
created by the specific circumstance of the adjacent lot being vacant, which
technically prevents the applicant from using the averaging provision intended
by the ordinance. Denying the variance based solely on the neighbor's vacancy
would effectively render the building envelope unusable.
2. Unique Physical Limitations: The Board found the property has unique
physical limitations that distinguish it from other properties. Lot Depth and Size:
The lot is exceptionally shallow and small, representing a small percentage of
the area required for modern conforming lots Overhead Utilities: The presence
of high-voltage overhead power lines significantly restricts the front yard setback
due to safety codes, further compressing the buildable area Lot Geometry: The
Board noted the lot is "askew" with unique geometry resulting from early
development patterns
3. No Harm to Public Interests: The Board concluded that granting the variance
would not harm the public interest; rather, it would serve it. Improved
Compliance: The proposal brings the property into greater compliance
regarding side yard setbacks and safety separations compared to the existing
structure. Neighborhood Pattern: The setback allows the home to fit the
established development pattern of the neighborhood rather than strictly
adhering to a setback that would place the home inconsistent with adjacent
structures. Minimum Relief: The Board viewed the request as the minimum
relief necessary to allow for a functional residence given the site's
complications.
KAY to approve variance 3737 to grant 39.5 feet of relief from the shoreland
setback to allow the residence at 3408 Quam Dr. Motion carried.
5 - KAY, STUDZ, ELKINS, CORRIGAN and LONG
Ayes:
F.
Reports to Committee
2025
RPT-507
Hilbert provided the 2026 schedule to the Board. The Board noted potential
scheduling conflicts for April and will address them if applications are received.
