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Memo to the Board of Adjustments/V 99-2 <br /> March 23, 1999 <br /> Page 4 <br /> • 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. The nature of the proposed mini- <br /> storage is to be accessed from two sides and the access must accommodate <br /> emergency vehicles. <br /> 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or the neighborhood because the <br /> variance occurs adjacent the railroad property which in effect provides an <br /> adequate buffer from the use of property. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve the request for a <br /> variance from the back yard building setback based on the following findings: <br /> 1. LITERAL ENFORCEMENT WILL CAUSE UNDO HARDSHIP SUCH THAT IT <br /> WOULD PROHIBIT THE APPLICANT FROM THE BEST USE OF THE SITE. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND <br /> STRUCTURE INVOLVED. THE NATURE OF A MINI-STORAGE BUILDING IS <br /> TO BE LONG AND RECTANGULAR. THE PROPERTY IS NEARLY <br /> RECTANGULAR,HOWEVER DOES NOT QUITE ACCOMMODATE THE <br /> GEOMETRY OF THE BUILDING.ABOUT 1/3 OF WOULD CROSS THE <br /> SETBACK LINE. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE <br /> WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS <br /> ORDINANCE. OTHER PROPERTIES HAVE BEEN DEVELOPED TO THE <br /> MAXIMUM POTENTIAL,DISALLOWING THE VARIANCE WOULD LIMIT THE <br /> DEVELOPMENT POTENTIAL OF THIS SITE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE <br /> LOCATION OF THE EXISTING STORAGE BUILDINGS AND THE GENERAL <br /> BUILDING REQUIREMENTS OF MINI-STORAGE ALLOW FOR LITTLE <br /> FLEXIBILITY IN THE DESIGN OR LAYOUT. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE <br /> HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE <br /> NEIGHBORHOOD BECAUSE THE VARIANCE OCCURS ADJACENT THE <br /> RAILROAD PROPERTY WHICH IN EFFECT PROVIDES AN ADEQUATE <br /> BUFFER FROM THE USE OF PROPERTY. <br /> If the Board would like to grant the variance from the parking setback, the <br /> following findings might be considered: <br /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-2pc.doc <br />