Laserfiche WebLink
Memo to Board of Adjustments/V 98-11 <br /> September 29, 1998 <br /> Page 3 <br /> • The applicant feels the special conditions and circumstances which are <br /> peculiar to the property is that if the variance is not granted, the orderly flow <br /> of traffic on the site and off site will be adversely affected. Again, with <br /> modifications to the proposed site plan two way traffic flow can be provided <br /> as can the 10 foot setback. <br /> The applicant states the literal enforcement of the ordinance would deprive <br /> them of rights enjoyed by other property owners in that adjacent businesses <br /> do not comply with the parking setback requirements. The school district <br /> parking lot is setback 7 feet; the parking lot for the medical office to the west <br /> is setback about 3 feet, and the parking lot for First National Bank on the <br /> east side of King Avenue does not meet the 10 foot parking setback. <br /> The applicant feels the need for the variance is a result of existing conditions <br /> and the placement of the existing curb cut on Main Street, and is not caused <br /> by any action or inaction on their part. Because of the size and condition of <br /> the existing curb cut a new one will have to be installed. Therefore, the <br /> existing curb cut will not impact the location of the driveway. Since the site is <br /> currently vacant, any hardship is due to the applicant's desire for a specific <br /> site plan. Modifications to the site plan could eliminate the need for a <br /> • variance and still allow the applicant reasonable development of the <br /> property. <br /> The granting of the variance will not adversely affect the health safety or <br /> welfare of the residents of the city. <br /> Recommendation <br /> It is recommended the Board of Adjustment deny the variance request based <br /> on the following findings: <br /> 1. The literal enforcement of the ordinance will not cause undue hardship. <br /> With minor revisions to the site plan, such as adjusting the configuration <br /> of the parking lot and the location of the building, the 10 foot setback <br /> could be met on both the north and west property lines. <br /> 2. The hardship is not caused by special conditions and circumstances which <br /> are peculiar to the property and the structure involved and which are not <br /> characteristic of, or applicable to, other lands or structure in the same <br /> area. The property is vacant so any perceived hardship is a result of the <br /> applicant's desire for a specific site plan. <br /> s:\planning\scott\v98-11.doc <br />