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Memo to Board of Adjustments <br /> August 20,2003 <br /> Page 2 <br /> • Located on the subject property is an existing house which is being used as office space. <br /> Commercial buildings exist on two of the four sides of the property. The property to the <br /> west is still used as a residence, and the request does not affect this property as the variance <br /> is located along the east lot line. There are several mature trees on the property scattered <br /> throughout the property. <br /> Overview <br /> The purpose of the 3-foot setback is to allow a 10-foot wide driveway to be located directly <br /> between the garage and the east property line. It will also keep the proposed parking area <br /> from requiring the removal of mature trees in the back of the house. <br /> There is not enough required distance in front of the house to provide the proper amount of <br /> required parking. There is also a mature tree roughly in the middle of the front yard that <br /> would have to be removed. Without a variance,the property cannot provide the required <br /> parking which will result in it being unusable for commercial uses. <br /> Analysis <br /> In order to grant a variance from the literal interpretation of the ordinance,the following <br /> five conditions must be met: <br /> • 1. Literal enforcement of the ortlinancewill cause undue hardship. <br /> Literal enforcement would not allow the applicant to provide parking in accordance with <br /> the zoning code. <br /> 2. The hardship is causal by special conditions and circumstances,which are peculiar to the property and <br /> the structure in-col-ad and which are not characteristic of,or applicable to,other lands or structure in the <br /> same area. <br /> The property was originally a small residential lot which now has different requirements <br /> as a result of rezoning to C-2,Office District. <br /> 3. The literal application of the provisions of this ordinance zwuld deprive the petitioner of rights enjoyed by <br /> other properties in the same district under the teens of this onlin oxe <br /> Other commercial properties have the ability to provide required parking for a <br /> commercial property. <br /> 4. The special conditions and circumstances are not a consequence of the petitioner's ozen action or inaction. <br /> The rezoning of the property was not an action of the petitioner. <br /> • <br /> S:\PLANNING\Case Files\2003\V 03-02 July 7th\V03-02_BA.DOC <br />