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Memo to the Board of Adjustments/V 99-5 <br /> April 27, 1999 <br /> Page 5 <br /> • 5. The variance may be injurious to or adversely affect the health, safety or <br /> welfare of the residents of the City or the neighborhood because car <br /> movements are in close proximity to the truck loading docks and trucks. <br /> Recommendation <br /> A) Staff recommends that the Board of Adjustments deny this request for a <br /> variance from the drive aisle requirements because the applicant cannot <br /> meet the following criteria: <br /> 1. STAFF BELIEVES THAT THE LITERAL ENFORCEMENT WILL NOT CAUSE <br /> UNDO (UNNECESSARY, UNAVOIDABLE,EXTREME) HARDSHIP. THE <br /> APPLICANT AT PRESENT HAS A REASONABLE USE OF THE SAID <br /> PROPERTY AND IS ABLE TO ADD ON,ALTHOUGH NOT TO THE EXTENT <br /> BEING PROPOSED. <br /> 2. STAFF BELIEVES THAT THE HARDSHIP IS NOT CAUSED BY SPECIAL <br /> CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE <br /> PROPERTY OR STRUCTURE INVOLVED BECAUSE WITH A SMALLER <br /> BUILDING A VARIANCE WOULD NOT BE REQUIRED. <br /> 4. STAFF BELIEVES THAT THERE ARE NO SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES AND THAT THE NEED FOR A VARIANCE IS A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION <br /> • BECAUSE A SMALLER ADDITION,ALTHOUGH NOT FULLY MEETING THE <br /> APPLICANTS IMMEDIATE NEEDS, CAN BE BUILT AND COMPLY WITH CITY <br /> ORDINANCES. <br /> B) Staff recommends that the Board of Adjustments deny this request for a <br /> variance from the off-street loading and overhead door access requirements <br /> because the applicant cannot meet the following criteria: <br /> 1. STAFF BELIEVES THAT LITERAL ENFORCEMENT OF THE ORDINANCE <br /> WILL NOT CAUSE UNDUE HARDSHIP BECAUSE THE 7 PARKING STALLS <br /> COULD BE LOCATED NEAR ULYSSES OR THE CITY COULD REQUIRE THAT <br /> THE FUTURE PARKING BE INSTALLED,REQUIRING HOOK UP TO SEWER <br /> AND WATER. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE <br /> WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS <br /> ORDINANCE. ALTHOUGH OTHER PROPERTIES DO HAVE OVERHEAD <br /> DOORS FACING THE STREET,THERE APPEARS TO BE NO OTHER <br /> BUSINESSES NEARBY WITH LOADING DOCKS AND PARKING IN CONFLICT <br /> LIKE THE APPLICANT'S PROPOSAL. <br /> 4. STAFF BELIEVES THAT THERE ARE NO SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES AND THAT THE NEED FOR A VARIANCE IS A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION <br /> f:\shrdoc\planning\stevewen\pcmmo\v99-5.doc <br />