09-30-1997 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes September 30, 1997 Page 3 • 2. THE HARDSHIP IS CAUSED BY CONDITIONS UNIQUE TO THIS LOT DUE TO ORIENTATION OF HOME, SLOPES, WELL LOCATION AND AMOUNT OF LANDSCAPING. 3. LITERAL APPLICATION OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANTS OF RIGHTS ENJOYED BY NEIGHBORING PROPERTY OWNERS. 3. THE SPECIAL CIRCUMSTANCES ARE NOT A RESULT OF PETITIONERS' OWN ACTION(S) OR INACTION(S),AS THEY PURCHASED THE PROPERTY WITH THE HOUSE ALREADY BUILT. 4. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH,SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. THE NEAREST ADJACENT PROPERTY OWNER IS SCREENED FROM VIEW BY DISTANCE,TREES AND A GRADE CHANGE,AND THE ADJACENT PROPERTY OWNERS AND NEIGHBORS HAVE SIGNED A PETITION IN SUPPORT OF GRANTING THE VARIANCE. ALSO, THE PROPOSED ADDITION IS FAR SHORT OF THE 2,500 SQ. FT. OF GARAGE ALLOWED IN THE R1A ZONING DISTRICT; WITH THE CONDITION THAT SOME TYPE OF BUFFERING AGREEMENT BE NEGOTIATED BETWEEN Mr. GODACZ AND MR. JOHNSON AND APPROVED BY STAFF. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioners Cote and Sullivan opposed. • 5.3. Beaudry Oil Co./Weicht&Assoc: Request for Variance Public Heanng Case No V 97-12 Staff report by Steve Ach. Beaudry Oil Company and John Weicht&Associates are requesting a variance to the building setback and parking requirements to construct a canopy over the existing fuel pumps at 335 Lowell Avenue. Steve indicated staff supports the variance with three findings in the report. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. Commissioner Minton questioned Mr. Beaudry's future plans for the facility. Mr. Beaudry indicated he plans to operate the station long term. COMMISSIONER SULLIVAN MOVED THE PLANNING COMMISSION APPROVE THE REQUEST BY BEAUDRY OIL COMPANY AND WEICHT&ASSOC. FOR A VARIANCE, PUBLIC HEARING CASE NO. V 97-12, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT WOULD CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT WOULD NOT BE ABLE TO MAKE THE IMPROVEMENTS REQUESTED BY TEXACO THEREBY PRESUMABLY DAMAGING RELATIONS. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS PECULIAR TO THIS LOT • SUCH AS SIZE AND SHAPE,AND ORIENTATION TO THE HIGHWAY.