09-26-13 Zoning Board of Adjustment Meeting

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Board of Adjustment September 26, 2013 413-93000005 Page 3 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 contrary to the public interest; b) That literal enforcement of this chapter 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 c) That by granting the variance, the spirit of this chapter will be observed." The Board must decide if the applicant's request for reducing the number of parking spaces by granting this variance will be contrary to public interest. Minimum off-street parking requirements ensure that off-street parking areas are designed and located to protect public safety, minimize congestion, reduce solar heat gain, minimize traffic conflicts and congestion on parking aisles and public streets, and buffer surrounding land uses and public areas from visual and noise impacts. The applicant believes the variance will prevent unnecessary impervious cover and retain many trees located on the north end of the development. The property is not unique, but the designated zoning district creates a situation for this site. The front portion along Canada Road will remain zoned commercial. In the variance application, the applicant has stated that a detention pond is designed to serve future detention needs of the commercial reserves; however, the detention pond is not oversized to accommodate undeveloped commercial property in front of the proposed facility along Canada Road. In addition, an existing pipeline easement that runs through the north end of the subject site, presents design issues. The current zoning ordinance would require a 1.91 space per unit parking ratio for a total of 344 spaces for this development. The developer indicates that with their previous senior developments, there is a parking ratio of 1.2 spaces per unit.