Professional Documents
Culture Documents
Variance
Variance
XX/XX
ZONING: L.L. XXX & XXX XXrd District, Xnd PARCEL ID#: XXXXX XXXX
Section Letter of Intent for Zoning Variances;
Month XX, 2022
1. XXXX Street Name is comprised of combined lots XXXX and XXXX, lots 6 and 7 of
Subdivision Name, each lot measures 5 acres. The combined lots afford the property owner’s 10
acres of land, making the property considerably larger compared to a typical residential lot. The
cumulative coverage of the principal and proposed accessory building square foot is less than the
allowed lot coverage ordinance. Furthermore, imposing the ordinance would deny the property
owners the use of the allowed lot coverage. The neighboring lots are all similar in size and look. All
properties bordering the Last Name property have some type of accessory structure, many have
multiple or one similar in size to the proposed structure and occupying more than 1,200 sq.ft. A
similar home to the design and future construction of the property owners is located at XXX Street
Name, the bordering land owner south of the XXXX Street Name. The accessory structure was built
in the last year, serves the same function as the owner’s proposed structure, and is similarly over
the 1,200 sq.ft. restriction in article 5.
Due to the large size of the lot the strict application of the requirements of this applicable zoning
ordinance would deprive the existing property owner of rights and privileges currently enjoyed by
other property owners in the same zoning district. The purchase and combining of the two lots is
negatively impacted by the zoning ordinance.
The property owner’s are requesting an increase of 428 sq.ft. (545 sq.ft. including proposed deck
and patio) to the 1,200 sq.ft. accessory building footprint allowed by Cherokee County Ordinance,
for a total accessory building footprint of 1,628/1,745 sq.ft. The property owner, in collaboration with
an architect and builder, designed a two-story structure in an attempt to keep the overall building
footprint minimal, as a best effort to comply with the County’s ordinance.
Variance Application p. XX/XX
2. The property owners need to comfortably accommodate elderly parents who will reside
on the property. The accessory structure is intended to house two very independent and private
elder parents,while still allowing the property owners the ability to oversee and care for their loved
ones. The property owners also value their privacy and are seeking to maintain their current
home routines. The denial of the accessory structure will cause an undue and unnecessary
hardship to the property owners, due to the lack of privacy and space available to house the
elderly parents who intend to occupy the garage guest quarters. The ordnance imposed also
creates the possibility the elderly parents decide to live in a care facility, creating an undue
financial burden and worry for all parties.
3. If the lots were not combined a structure larger than the one proposed would be
acceptable by zoning code. Regardless of the fact, the owner designed a compact accessory
structure trying best to keep the spirit of the applicable code. The garage will be well within the
allowed set backs, has a height less than the principal structure, and will have the same upscale
exterior finishes as the principal structure. Please reference the attached principal structure
plans regarding exterior finishes as the accessory building will be the same.
4. A large permitted shed currently exist on the property where the proposed accessory
structure will be placed. The shed is not aesthetically pleasing nor does it comply with the design
guidelines set forth by the county. Allowing the property owners to build the proposed structure
will require the removal of the unsightly structure to the benefit of the neighborhood overall
attractiveness.
5. Due to the elevation of the property and the thick tree line on all sides of the property line
including the front, the structure will either be mostly or wholly concealed. The existing accessory
structure is not noticeable from the front of the property or from the primary structures of all
nearby or bordering neighbors. (review images included in supporting documents section)
6. Granting 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.
7. The granting of the variance would have no effect on any adjoining properties. This zoning
relief requested will not cause any detriment to the common good, as the literal interpretation and
strict application of the applicable zoning requirements of this article. The denial of the requested
variance would cause substantial undue and unnecessary hardship to the current property owner
not just a casual/discretionary inconvenience to the property owner.
8. The requested variance would be consistent with the spirit and purpose of the ordnance
and Cherokee County’s text as the new accessory structure and the principal structure being
built will blend with the new homes in the neighborhood and will be well within the spirit of the
street and community.
Add Signature
____________________________
Builder' First Last Names
Owner, Builder's Company Name, LLC.