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<br />Memo to the City CounciUV 99.2 <br />April 19, 1999 <br />Page 3 <br /> <br />. <br /> <br />1. Literal enforcement will cause undo hardship such that it would prohibit <br />access to the back side of the mini-storage building or limit the type of <br />storage building that could be constructed <br /> <br />2. The hardship is caused by special conditions and circumstances which are <br />peculiar to the property and structure involved. The two sided mini- <br />storage structure matches those already existing on site and fills a market <br />demand for a variety of stall sizes. The two sided mini-storage structure <br />requires access on two sides for emergency and customer vehicles. <br /> <br />3. The literal application of the provisions of this ordinance would deprive <br />the petitioner of rights enjoyed by other properties in the same district <br />under the terms of this ordinance. Other properties have been developed <br />to the maximum potential, disallowing the variance would limit the <br />development potential of this site. <br /> <br />4. The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. The location of the existing storage <br />buildings and the design requirements of the mini-storage use allow for <br />little flexibility in the design or layout. It is the nature of mini-storage to <br />have access on both sides. <br /> <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 />variance occurs adjacent the railroad property which in effect provides an <br />adequate buffer from the use of the property. <br /> <br />Recommendation <br /> <br />Staff and the Board of Adjustments recommends that the City Council the <br />request for a variance from the parking setback based on the following <br />findings: <br /> <br />1. LITERAL ENFORCEMENT WILL CAUSE UNDO HARDSHIP SUCH THAT IT <br />WOULD PROHIBIT ACCESS TO THE BACK SIDE OF THE MINI-STORAGE <br />BUILDING OR LIMIT THE TYPE OF STORAGE BUILDING THAT COULD BE <br />CONSTRUCTED. <br /> <br />2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br />CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND <br />STRUCTURE INVOLVED. THE TWO SIDED MINI-STORAGE STRUCTURE <br />MATCHES THOSE ALREADY EXISTING ON SITE AND FILLS A MARKET <br />DEMAND FOR A VARIETY OF STALL SIZES. THE TWO SIDED MINI- <br />STORAGE STRUCTURE REQUIRES ACCESS ON TWO SIDES FOR <br />EMERGENCY AND CUSTOMER VEHICLES. <br /> <br />. <br /> <br />\ \el kriver\sys\shrdoe \planning\stevewen \eemmo \ v99- 2ee. doc <br />