08-26-1999 Regular Meeing and Public Hearing (2)

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• • Board o~Adjustment October 28,1999 #V99-001 Page 2 a~3 If he is unable to face his building north (to use the 400' depth) or if he is unable to have four work bays in his building, the applicant has indicated the project would not be feasible. A twenty-five foot (25') exception to the required 30' setback is being requested. This would allow the building to be constructed within five foot (5') of the west property line that adjoins the city's 16' alley. All other setbacks would meet the city's business industrial regulations. (See Exlu'bit B). This variance is being requested under the terms of Section 106- 192(bx2) of the City's Code of Ordinances. Analysis: The Code of Ordinances defines a variance as a deviation from the literal provisions of this chapter which is granted by the board when strict conformity to this chapter would cause an unnecessary hardship because of the circumstances unique to the property on which the variance is grat-ted. Except as otherwise prohibited, the board is empowered to authorize a variance from a requirement of this chapter when the board finds that all of the following conditions have been met. a) That the granting of the variance will not be contrnry to the public interest; b) ~ That literal enforcement of this chapter will resuh 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 conveniences financial considerations or caprice, and the hardship must not result from the applicant or property owner's own actions; and c) That by graving the variance, the spirit of this chapter will be observed.