4.5. BASR 08-26-1997 - Laserfiche WebLink

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Memo the Board of Adjustments/V 97-10 August 26, 1997 Page 3 • the parcel, even if the land was fully cultivated and intensively farmed, they could not break even without the greenhouse. • The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties. There are other farming operations in the neighborhood, and to not grant the variance would deprive them of the uses enjoyed by other properties in the area. • The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. They state that they were unaware of the need for a variance and after discussions with the city they did not believe that greenhouse would require a variance. • The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood in that it will not be visible from the road, it will be well maintained and is similar to the other agricultural related uses in the area. Recommendation The applicant is requesting a variance to exceed the maximum area allowed • for accessory structures by 2232 square feet and the maximum number of accessory structures allowed. He states that he needs the variances in order to operate a profitable farming/floriculture business. If the Board should decide that the variance should be granted, the following are offered as findings in support of that determination: 1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT NEEDS THE GREENHOUSE TO HAVE A SUCCESSFUL OPERATION. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS IN THE SAME AREA. BECAUSE THE SIZE OF THE LOT IS SUCH THAT THE APPLICANT COULD NOT BREAK EVEN WITHOUT THE GREENHOUSE 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE.THERE ARE OTHER AGRICULTURAL USES IN THE AREA, 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE APPLICANT BOUGHT THE PROPERTY BELIEVING THAT NO VARIANCE WOULD BE NEEDED FOR THE GREENHOUSE. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, 111 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 \\elkriver\sys\shrdoc\planning\scott\v97-10.doc