4. BASR 12-11-2007 - Laserfiche WebLink

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Justification for Granting Requested Variance A 5 foot variance to the 10 foot parking setback is requested along the west property line. The applicant is proposing to use the same curb line as theme pre-existing "Burger Time" use. Since there is significant topographic issues related to the property, and that the fact that the existing curb cut is placed at this setback, significant undue hardship would result if the variance was not granted. All other setbacks for parking and building are clearly met for this site plan. The applicant proposes the following findings of fact based on the criteria for granting a variance. 1. That literal enforcement of the ordinance would cause undue (unnecessary, unavoidable, extreme) hardship. The literal enforcement of the ordinance would cause undue hardship. Given the requirements for drive aisle widths and stall depths, and the need for safe and free flowing traffic circulation, the property and site plan would be compromised. The current 5 foot setback aligns directly with the existing curb cut to Main Street. Not aligning with the existing curb cut or moving the curb cut presents new problems. 2. That the hardship is caused by special conditions and circumstances which are peculiar to the land and the structure involved and which are not characteristic of or applicable to other lands or structures in the same district. The hardship is unique to the subject property. The property was originally designed with the curb cuts and drive aisles in similar configuration to what is being proposed. Given the topography of the property, locations of the existing curb line and curb cuts, and the desire for safe, flowing traffic movements the hardship is unique to the subject property and not characteristic to other properties in the zoning district. 3. That the special conditions and circumstances are not consequence of the applicant's own action or inaction. The conditions and circumstances were not caused by the applicant. The conditions relate to the physical aspects of the topography, location and alignment of existing curb cuts, and widths and turning radius needs for this type of use. 4. That the literal application of the provisions of the Ordinance would deprive the applicant of rights enjoyed by other properties in the same district under the terms of the Ordinance. Literal application would deprive the applicant of rights enjoyed by others as well as the previous use/owner, and would diminish the safety and reasonable use of the property. 5. That the variance will not be injurious to or adversely affect the health, safety, or general welfare of the residents of the City of the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. The variance will not negatively affect the health, safety, or general welfare of the residents of the City or surrounding neighborhood. Significant investment is proposed in improving the property, which will have a positive effect on the neighborhood, and provide a quality service to the City's residents. The proposed variance and use is in keeping with the spirit and intent of the ordinance. Given the existing conditions, topography, and retaining wall, the variance will not be noticeable.