03-27-14 Zoning Board of Adjustment Meeting

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Zoning Board of Adjustment March 27, 2014 Page 2 of 3 Except as otherwise prohibited, the Board is empowered to authorize a variance from a requirement when the Board finds that all of the following conditions have been met: • That the granting of the variance will not be contrary to the best public interest. That literal enforcement of the 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 • That by granting the variance, the spirit of the chapter will be observed. Analysis: Staff analyzed the surrounding area and based upon site inspections, the following considerations are noted: From a land use standpoint, a business industrial zone is a hybrid of general commercial and light industrial zones. However, from a setback standpoint, it was intended to create a business park feel by providing for greater setbacks common in master planned business industrial parks that are more self-contained. Were this property zoned commercial or light industrial, the building would conform to the setbacks in each of those zones. • Several buildings in this particular BI area have been developed as stand- alone industrial facilities many years ago and do not conform to a master planned, business park design. Additionally, most of those same buildings are situated upon the property at setback distances which are similar to that proposed for this structure. The City is not aware of any restrictive covenants applicable to the subdivision that would otherwise require additional setbacks specified in a BI zone. The subject intersection does not have an over abundance of traffic circulation and site visibility triangles appear to be adequate even with the zero lot line structure located on the block to the east.