11-09-2004 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes November 9,2004 Page 3 COULD CREATE A 2.5-ACRE LOT FOR THE RESIDENCE AND LEAVE A • 1.13 ACRE COMMERCIAL LOT. 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. THE PROPOSED LOT IS SIMILAR IN SIZE TO THE OTHER LOTS IN MISSISSIPPI HEIGHTS HOWEVER, WHAT IS UNIQUE ABOUT THIS PROPERTY IS THE FACT THAT THE IT IS CURRENTLY PART OF A COMMERCIAL LOT WITH LIMITATIONS ABOUT HOW THE LOT CAN BE SUBDIVIDED. THE EXISTING BUILDING RESTRICTS HOW THE LOT CAN BE SPLIT AND PREVENTS THE PROPOSED LOT FROM COMPLYING WITH THE 2.5-ACRE MINIMUM LOT SIZE. 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. THE LITERAL APPLICATION OF THIS ORDINANCE WOULD DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THIS AREA.OTHER LOTS OF SIMILAR SIZE AND DIMENSIONS HAVE BEEN DEVELOPED. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE SPECIAL CIRCUMSTANCE UNIQUE TO THIS PROPERTY IS THE FACT THAT THE LOT IS PART OF AN ODD SHAPED COMMERCIAL LOT WITH A BUILDING ON IT. BECAUSE OF THE EXISTING BUILDING,THE LOT CANNOT BE SUBDIVIDED IN A MANNER THAT WILL COMPLY WITH THE 2.5-ACRE MINIMUM LOT SIZE REQUIREMENT. 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. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY. MOTION CARRIED 7-0. 5. Other Business - None • 6. Adjournment