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Memo to Board of Adjustments <br /> November 25,2003 <br /> Page 3 <br /> • 2. The hardship is causal by special conditions and circumstances,which are peculiar to the property and <br /> the structure Viand 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 the rezoning to C-2,Office District. <br /> 3. The literal application of the provisions of this ardinanxwould deprize the petitioner of rights enjoyed by <br /> other properties in the same district under the terms of this orzlinance <br /> Other commercial properties have the ability to provide parking required by the <br /> ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the petitioner's omen action or inaction. <br /> The rezoning of the property was not an action of the petitioner. <br /> S. The variance will not he injurious to oradzerse&affect the health,safety or welfare of the residents of the <br /> city or the neighlvrlroaclzehere the property is located and will be in keeping with spirit and intent of the <br /> our farce <br /> The request would not adversely impact other properties in the vicinity. <br /> • Recommendation <br /> Staff recommends that Board of Adjustments approve the variance request, as shown in <br /> Option 2,to reduce the parking setback from 10-feet to 4-feeet along the east property line <br /> with the following condition: <br /> 1. IF A RETAINING WALL IS CONSTRUCTED, IT SHALL NOT BE ANY <br /> CLOSER THAN FOUR FEET TO THE EAST PROPERTY LINE. <br /> • <br /> S:\PLANNING\Case Files\2003\V 03-06 Parson\V03-06 BA.DOC <br />