03-28-1996 Regular Meeing and Public Hearing

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• • Page 2 of 4 Board of Adjustment Staff Report of 418-96 #A96-002 Analysis: Section 11-604 of the Zoning Ordinance empowers the Boazd of Adjustment to consider appeals of zoning decisions made by the City. As per ordinance, the Boazd may grant an appeal only when it finds all of the following conditions have been satisfied. • That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interpretation of the Enforcement Officer is a reasonable presumption and the zoning ordinance is unreasonable. • That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. • The decision of the Boazd must be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws and the Comprehensive Plan of the City of Ira Porte. Regazding the first point, there is no reasonable difference of interpretation of the ordinances. The driveway criteria established by the ordinance are cleaz and explicit. The proposed driveway configuration does not satisfy these criteria. Additionally, given the property's location, the intent of the ordinance to control driveway access is very reasonable and based on sound traffic engineering principles. The City's Thoroughfare Plan designates Fairmont Parkway as a primary arterial (See Exhibit B): A primary arterial is defined as a four-lane thoroughfare designed to distribute high volumes of local and outside traffic to major employment and activity centers. Traffic control devices (stop lights and stop signs) aze generally located at intervals of not less than 'k mile. What this means is that Fairmont Parkway is designed to move lazge volumes of traffic on a daily basis. The existing street does this very well. Excessive driveway cuts will tend to interfere with traffic flow and, therefore, create traffic hazazds. It should also be noted that because of the esplanade location, Fairmont Pazkway driveways can be right turn only. The esplanades cannot be cut. Also, as illustrated on the applicant's site plan, the property is located on a corner. The Fourth Street right-of--way is open and paved. It is available for driveway access and will, regardless of the outcome of this appeal, function as the primary entry and exit for traffic approaching from the east. Fourth Street will also provide the only point from which exiting traffic can turn left