12-14-1989 Public Hearing and Regular Meeting

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® • 'a Board of Adjustments Minutes of 12-14-89 Page 2 of 3 Our zoning ordinance defines a variance as a deviation for the literal provisions of the zoning ordinance which is granted by the Board to strict conformity to the zoning ordinance which can cause unnecessary hardship because of circumstances unique to the property on which the variance is granted. The Board is empowered to grant a variance only when it finds all of the following conditions to be met: 1) That the granting of the variance will not be contrary to the public interest. 2) Literal enforcement of the ordinance will result in unnecessary hardship because of an exceptional, narrowness and shallowness shape or other extraordinary physical situations unique to the specific property in question. Unnecessary hardships shall mean physical hardships relating~to the property itself as being distinguished from a monetary hardship. ® Exhibit III in attached material reflects a master plan that was drawn for I. W. II, Inc., in 1984. Our ordinance requires that in an industrial area that abuts~a residential development, a fifty (50) foot rear setback is required. The closest point of the building to the residential rear property line is twenty seven (27) feet and they need to receive a variance for that. The master plan drawn up in 1989 conformed to ordinance #780. When Ordinance #1501 was adopted, the existing structures became non-conforming because of rear setback requirements. The staff does feel that the literal enforcement of.the rear setback requirements as placed in Ordinance #1501 would become a hardship for I. W. II, Inc. Mrs. Bernay swore in Mr. I. W. Hickham, Jr. Mr. Hickham introduced Bob Brown, the builder and Don Babb, the President of Hickham Industries. I. W. Hickham, Jr., owner of the property, will lease the facility to them: The first building was build when the ordinance was not in affect with the idea of expanding the building toward the west. Since it is time for expansion, we are requesting a variance. Mr. Hickham then asked if there were any further questions from the staff. There were none.