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Memo to Board of Adjustments <br /> October 28,2003 <br /> Page 3 <br /> • the capability of allowing that many parking stalls. A parking variance will need to be <br /> granted to the 10-foot setback requirement as well as the required number of stalls. <br /> In multifamily,commercial or industrial districts, no parking area, drive aisle or loading space <br /> shall be located within ten feet of any property lines, except that zero lot line developments <br /> (C1) may have parking that abuts the zero lot line property boundaries. <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 ordinance will cause undue hardship. <br /> Literal enforcement would cause undue hardship, as it would not allow for any <br /> expansions to help modernize the structure. <br /> 2. The hardship is causal by special conditions and circumstances,zzhich are peculiar to the property and <br /> the structure irzzulzcel andzthich are not characteristic of or applicable to,other lands or structure in the <br /> same area. <br /> The special conditions are the narrowness of the property and that current zoning render <br /> it unbuildable. <br /> • 3. The literal application of the provisions of this ordinance would deprize the petitioner of rights enjoyed by <br /> other properties in the same district under the teens of this ordinance <br /> Literal enforcement would not allow any expansions to help modernize the structure. <br /> 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. <br /> They are not a consequence of the petitioners own actions. <br /> S. The variance zeill not he injurious to or adversely affect the health,safety orzeelfare of the residents of the <br /> city or the neighl urhoad zeigere the property is located and will be in keeping with spirit and intent of the <br /> ordinance <br /> The request would not adversely impact other properties in the vicinity. <br /> Recommendation <br /> Staff recommends that Board of Adjustments approve the request by the applicant as it does <br /> meet all five criteria needed to grant a variance. <br /> • <br /> S:\PLANNING\Case Files\2003\V 03-04 Marty\V 03-04.DOC <br />