4. BASR 01-09-2007 - Laserfiche WebLink

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Case File: V 07-O1 Page 3 Applicable Regulations Variance 7. Literal enforcement of the ordinance will cause undue hardship. Although an addition of approximately 18-feet would meet the zoning requirements, literal enforcement would not allow the applicant to construct a structure on the north side of the existing building to an appropriate size needed to sustain their business. Alternate locations of a building addition would interfere with vehicular circulation. 2. The hardship is caused by .pedal conditions and circumstances, which are peculiar to the propery and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. The special conditions and circumstances are not peculiar to the property and the structure. The circumstance that is causing the need fox a variance is the setback requirements on a corner lot. The determination of which is the rear lot on a corner lot is by the address of the property as rear lot lines are opposite the address side. If this building would have been addressed off of Vance Street, this addition would meet the setback requirement for the north side and a variance would not be needed for this side. The requirement of a "rear" yard for a corner lot creates a uniqueness that imposes greater hardship. 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction as the codes regarding setbacks and yard classifications are driven by the City. However, the initial development of the site causes some expansion obstacles not considered at the time. 4. 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 the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties in the same district as an addition of approximately 18- feet would meet the zoning requirements. 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 variance would not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property. S:\PLANNING\Case Files\2007\Variance\V 07-01 Deanos Qohn Weicht)\V 07-01_BA.doc