03-28-1996 Regular Meeing and Public Hearing

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• Page 3 of 4 Board of Adjustment Staff Report of 418-% #A96-002 onto Fairmont Pazkway. Excessive drive cuts on Fairmont would tend to complicate traffic movement at the Fourth and Fairmont intersection. The intent of and specific regulations contained in the Zoning Ordinance regarding driveways aze reasonable and necessary in order to promote traff c safety. They aze necessazy to promote efficient traffic flow. Regazding the issue of special privilege; staff would note that granting this appeal would allow a driveway confguration different than that allowed for previous businesses located on Fairmont Pazkway. This: constitutes special privilege. The final criteria requires. that granting the appeal be in the best interest of the community. Granting.this particulaz appeal would result in inconvenience and a higher degree of hazard for all motorists driving on Fairmont Pazkway. This is obviously not in the community's best interest. Conclusion• • There is no reasonable difference of opinion regazding the intent of the Zoning Ordinance. The Enforcement Officer acted properly in denying the permit. • Both the intent and specific regulations of the Zoning Ordinance aze reasonable and should be upheld. • Granting this appeal would convey a special privilege to this property. • Granting this appeal would be contrary to the best interest of the community. • Granting this appeal would be clearly contrary to the spirit and intent of the Zoning Ordinance and Comprehensive Plan. • Due to the availability and necessity of the Fourth Street right-of--way for driveway access, denying this appeal will not restrict or prevent the use and development of this property for the type of business being proposed. Based on these :facts and considerations, staff recommends denial of Appeal of the Enforcement Officer's Decision #A96-002. -