Laserfiche WebLink
Memo to the Board of Adjustments/V 99-10 <br /> August 24, 1999 <br /> Page 3 <br /> • <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the applicant of rights enjoyed by other properties in the same district <br /> under the terms of this ordinance because this building is the only <br /> commercial building in the Central Business District without off-street <br /> parking. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction because the applicant has tried all <br /> other alternatives, the business has grown, and the on-street parking has <br /> become increasingly unworkable. <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 /> property originally had a driveway to the rear of the building, all other <br /> commercial buildings have off-street parking, and the parking will be for <br /> employees and residents only. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve this request for a 7 <br /> • foot variance from the 10 foot minimum parking/driveway setback from the <br /> property line based on the following five conditions for granting a variance: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE <br /> STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR <br /> APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. <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. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <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 WHERE THE PROPERTY IS LOCATED AND WILL IN <br /> KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. <br /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-15.doc <br />