03-23-17 Regular Meeting of the Zoning Board of Adjustment

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Board of Adjustment Meeting March 23, 2017 Variance Request #17-93000001 Uses Max. Lot Min. Yard Max. Coverage Setbacks Height F,R,S GC, General 40% 20-10-0 N/A Commercial; Analysis: the literal interpretation of the code approved by the Board subject to the fact that enforcement of the provisions of the code would cause an unnecessary hardship because of circumstances unique to the subject property. The Board is authorized to grant a variance when the Board finds that a number of criteria are m Criterion: Staff Finding: a. That the granting of the variance will not be The granting of the variances being requested contrary to the public interest would allow the applicant the ability to improve an existing fueling station along a major corridor. The granting of this variance will benefit the public, allowing for redevelopment of an existing site within the city limits. b. That literal enforcement of this chapter will The site as is, is a difficult size for redevelopment. result in unnecessary hardship because of exceptional narrowness, shallowness, shape, along S. Broadway, the site becomes topography or other extraordinary or unmanageable for any type of improvements. 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. c. That by granting the variance, the spirit of this This specific request is a prime example of why chapter will be observed. the variance process is needed. The variance process is to allow for minor deviations in the development code in order to allow for higher quality developments in areas that may be difficult to develop otherwise. This is certainly the situation with this proposed request.