4.1. BASR 03-23-1999 - Laserfiche WebLink

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Memo to the Board of Adjustments/V 99-2 March 23, 1999 Page 3 1. Literal enforcement will cause undo hardship such that it would prohibit the applicant from the best use of the site. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and structure involved. The nature of a mini- storage building is to be long and rectangular. The property is nearly rectangular, however does not quite accommodate the geometry of the building. About 1/3 of would cross the setback line. 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. Other properties have been developed to the maximum potential, disallowing the variance would limit the development potential of this site. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The location of the existing storage buildings and the general building requirements of mini-storage allow for little flexibility in the design or layout. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood because the variance occurs adjacent the railroad property which in effect provides an adequate buffer from the use of property. Staff finds the larger parking variance more difficult to justify. If the building was a one sided storage building, the parking would conform to the ordinance. If the Board would like to grant the variance from the parking setback, the following findings might be considered: 1. Literal enforcement will cause undo hardship such that it would prohibit the applicant from the best use of the site and limit emergency access around the building. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and structure because of the need to accommodate emergency vehicle access around the proposed building. 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. Other properties have been developed to the maximum potential, disallowing the variance would limit the development potential of this site. \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-2pc.doc