4. BASR 12-11-2007 - Laserfiche WebLink

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Case File: V 07-09 Page 3 Sonic Restaurant The site after platting the right of way for Main street will be .87 acres, which is a smaller than the site Burger Time developed on due to platting, and smaller than the required 1 acre in this district. Literal enforcement would create hardship due to the City imposed reduction of lot size, limiting the amount of usable space. 2. The hardshiti is caused b~speczal conditions and circumstances which are peculiar to the proberty and the structure involved and which are not characteristic of, or ai~blicable to other lands or structure in the .came area As noted above, the site is smaller than allowed by Ordinance, making it unique in the district. The existing development has a drive aisle setback of five feet, the applicant is not requesting to decrease this setback, but is requesting to maintain the five foot setback. This is consistent with present condition of the site. 3. The sbecial conditions and circumstances are not a consequence of the petitioner's own action or inaction The City requires the additional right of way, making the lot unique in size. 4. The literal abblication of the provisions of this ordinance would deprive the petitioner o rights enio~ed b oy ther~ro~erties in the same district under the terms of this ordinance. The existing use has a five foot side yard setback and has set the precedent for this area. A Sonic restaurant, due to the building size, is uniquely appropriately suited for the lot, if the variance was not granted the site might not be developed to the highest intense use for this location. 5. The variance will not be injurious to or adversel~a~fect the health safet oy r zve~are of the residents o the city or the neighborhood where the proberty is located and will be in keeping with spirit and intent of the ordinance The variance will not alter the character already established in this area. Analysis In general, when reviewing a variance, it is important to review the specific variance within the larger context of the neighborhood. The variance process was created to allow flexibility when general guidelines are not appropriate to a given sub area, or neighborhood. In this case, a variance seems appropriate, given the character of the neighborhood created by the preexisting development on the site, and the City imposed uniqueness of the property. Recommendation Staff supports a variance to the side yard setback on the west side of the site. Action Motion by Second by Vote Follow Up S:\PLANNING\Case Piles\Variance\V 07-09 Loucks (Sonic)\BA 12.11.doc