4.4. BASR 09-28-1999 - Laserfiche WebLink

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Memo to Board of AdjustmentsN 99-14 September 28, 1999 Page 3 • Petitioner's Action or Inaction The City was responsible for the design of the road, and could have anticipated the use of the lot for an industrial use. However, other considerations affected the road design, including the radius of the road as it leaves Twin Lakes Road and turns south, avoiding wetlands east of the road to the greatest extent possible, and at the time, the possibility of the subject parcel being used for development was not considered. It was thought that the parcel would remain as open space. Adverse Impacts Granting the variance would not create adverse impacts to adjacent properties or uses. The use of the site for industrial purposes is consistent with the adjacent property. The site plan has been designed to meet all other code requirements for the Light Industrial district. Recommendation Staff recommends that the Board of Adjustments approve this request to reduce the minimum lot area from one acre to .85 acres as the applicant meets the following five conditions for granting a variance: • 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. •