08-27-1992 Public Hearing and Regular Meeting ZBOA

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Page 5 of 8 Zoning Board of Adjustment Minutes of August 27, 1992 structure. Driveways and open parking/staging areas are not included in lot coverage calculations. Building 1 would require a setback variance of 45 feet at the rear and 25 feet to the side. Building 2 would require a setback variance of 19 feet, 6 inches and a setback variance of 25 feet to the side. H the complex is developed as proposed, it would require a lot coverage variance of 17%. Section 11-606 of the Zoning Ordinance empowers the Board to grant variances subject to the following conditions: · I. That the granting of the variance will not be contrary to the public interest. · II. That literal enforcement of the Ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and · ill. That by granting the variance, the spirit of the Ordinance will be observed. The locations of the proposed buildings are based on the need to preserve maneuvering space and loading dock access for heavy trucks. Additionally, there is an electrical easement which extends onto the property and limits possible building locations. Based on the facts presented, staff has no objection to the locations proposed for buildings 1 and 2 and would recommend the Board approve the requested variances to the setbacks. The applicant is expected to address the Board regarding the issue of lot coverage. Larry Wilson, representing Laurel Industries, briefed the Board of the applicant's intent. He also noted that unlike chemical plants, the applicant would be producing fire retardant type materials which would not be highly volatile. Chairman Bemay swore in Jack Phillips.