09-24-1996 PC MIN - Laserfiche WebLink

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Planning Commission Minutes September 24, 1996 Page 3 ------------------------------------- . Discussion followed regarding issues associated with the driveway including necessary width, snow removal, and types of vehicles using the driveway. Mr. Saviska noted there would be no semi-trucks using the driveway. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF A FIVE (5) FOOT VARIANCE FOR DJ'S TOTAL HOME CARE CENTER, PUBLIC HEARING CASE NO. V 96-9, TO ALLOW PAVEMENT WITHIN FIVE (5) FEET OF THE PROPERTY LINE ALONG THE NORTH SIDE OF THE EXISTING BUILDING BASED ON THE FOLLOWING FINDINGS: 1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT BECAUSE THE ONLY REASONABLE ACCESS TO THE REAR OF THE LONG NARROW LOT IS ALONG THE NORTH SIDE OF THE EXISTING BUILDING. IN ORDER TO PROVIDED THE NECESSARY ACCESS, THE PAVEMENT WILL HAVE TO BE WITHIN 10 FEET OF THE NORTH PROPERTY LINE ADJACENT TO THE EXISTING BUILDING. 2. THE SPECIAL CONDITIONS WHICH ARE PECULIAR TO THIS PROPERTY IS IT'S LONG NARROW DIMENSIONS AND THE STEEP SLOPE DOWN TO THE REAR OF THE OF THE LOT 3. LITERAL APPLICATION OF THE ORDINANCE WILL DEPRIVE THE APPLICANT PROPERTY RIGHTS ENJOYED BY OTHER PROPERTIES IN THE NEIGHBORHOOD. 4. THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS THAT ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTIONS IN THAT THE LOCATION OF THE BUILDING, SHAPE OF THE LOT AND TOPOGRAPHY WERE NOT A RESULT OF ANY ACTIONS MADE BY THE APPLICANT. . 5. THE GRANTING OF THIS VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE NEIGHBORHOOD PROVIDED DRAINAGE IS CONTROLLED BY CURBING AND AT LEAST 5 FEET OF GRASS BETWEEN THE PAVEMENT AND THE NORTH PROPERTY LINE. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND DENIAL OF THE FOLLOWING VARIANCES REQUESTED BY DJ'S TOTAL HOME CARE CENTER: · TO ALLOW PAVEMENT WITHIN 10 FEET OF THE NORTH AND SOUTH PROPERTY LINES (OUTSIDE THE AREA IDENTIFIED ABOVE) · CONCRETE CURB AND GUTTER REQUIREMENT (MAY NOT APPLY TO REAR OF PROPERTY IF PROPERTY IS REZONED TO LIGHT INDUSTRIAL) · ARCHITECTURAL STANDARDS FOR EXTERIOR BUILDING FINISHES BASED ON THE FOLLOWING FINDINGS: 1. THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP FOR THE APPLICANT BECAUSE THERE IS NO PHYSICAL, TOPOGRAPHIC OR VEGETATIVE REASONS WHY THE APPLICANT COULD NOT COMPLY WITH THE REQUIREMENTS OF THE ZONING CODE. .