substantial impairment of the intent and purpose of this chapter and the comprehensive plan text. The zoning board of appeals shall apply the following criteria to the types of applications specified below as follows:(a) Variances from the provisions or requirements of this chapter shall be authorized only upon making all of the following findings:
(3) The grant of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the zoning district in which the subject property is located;(4) The literal interpretation and strict application of the applicable provisions or requirements of this chapter would cause undue and unnecessary hardship, not merely impose a casual/discretionary inconvenience upon the applicant or his/her assigns; and
(5) The requested variance would be consistent with the spirit and purpose of thischapter and the city’s Comprehensive Plan text.
BPCA is unaware of any part of the application that responds to ALL 6 points & meets therequirements of ALL 6 points as necessitated by the variance application, and, as required forconsideration of the ZBA. BPCA states that the application does not meet all 6 requirements.Regarding
: BPCA states that the granting of this variance endangers public welfare inan area that is poorly prepared for on-street parking and pedestrian traffic (detail following).Regarding
: BPCA states that the regulations, and subject of the variance application,do not impose
) The owner of the property is allowed tocontinue in the same use as-is today, or,
) There is little reason to keep the existing housestructure due to the extensive renovations proposed and thereby comply.Regarding
: BPCA states that the granting of this variance is absolutely not consistentwith the spirit of the Comprehensive Plan text.
ec. 27-728.15.1. - Scope of Provisions states
The LCI plan's purpose was to create a community vision and action plan for the developmentof a more dynamic mixed-use community with the character of a multistory, urban village…”BPCA respectfully requests that the application be denied without hearing as not meetingrequired criteria.
The language of the Overlay is clear and absolute that “All buildings within the Peachtree-Brookhaven Overlay District shall be a minimum of two (2) stories tall and twenty-eight (28) feetin height”.2.
Applicant states that they wish to re-use the existing structure; however the existing structure isa wood-frame house with an assessed value of approximately $24,000.