4.4. BASR 09-28-1999 - Laserfiche WebLink

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Memo to Board of AdjustmentsN 99-14 September 28, 1999 Page 2 • Analysis Staff refers the Board of Adjustments to Section 900.40 of the Zoning Code for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 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. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 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 where the property is located and • will be in keeping with spirit and intent of the ordinance. Literal Enforcement Literal enforcement of the code requirement would render the lot unbuildable. The Light Industrial district requires a minimum lot area of one acre. The subject parcel is approximately .85 acres. Special Conditions The parcel has been created as a result of the City's condemnation and road design. The adjacent property is developed, so there is no opportunity to add additional land to the parcel to meet the minimum lot area. Deprivation of Rights As stated earlier, literal application of the code would render the property unbuildable. The City gains taxable property if the request is approved and construction is permitted. There are likely other properties within the Light Industrial district that do not meet the minimum lot area in other areas of the City that have not created adverse impacts to other properties. •