Laserfiche WebLink
<br />Variance No. 2005-04 <br />April 25, 2005 <br />Page 1 of 2 <br /> <br />Findings of Fact <br /> <br />A. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, that the strict application of the zoning ordinance <br />is found to deprive the subject property of privileges not <br />otherwise at variance with the intent and purpose of the provisions <br />of this chapter. <br /> <br />The project is an existing service station that had its <br />setback on MacArthur reduced due to a street widening project <br />several years ago. Due to this widening, and the location of <br />the existing fuel pumps and building, it is infeasible to <br />provide the required landscaped setback. The applicant has <br />provided additional landscaping at the northeast corner of the <br />site and within the interior of the project to mitigate the <br />reduced setback. Therefore, due to the size of the lot, the <br />strict application of the zoning ordinance would deprive the <br />subject property of privileges not otherwise at variance with <br />the intent and purpose of the provisions of this chapter. <br /> <br />B. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br /> <br />The granting of the variance for a reduction in landscaped <br />setbacks will preserve the property owners ability to develop <br />the property with a use that will benefit the community by <br />providing gasoline and food service to commuters , individuals <br />who work in the area and motorists utilizing the SR-55 freeway <br />corridor. <br /> <br />C. That the granting of a variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property. <br /> <br />The proj ect will not be materially detrimental to the public <br />welfare or injurious to surrounding property as proposed. It <br />is anticipated that the project will enhance the economic <br />stability of the area by allowing the car wash component, <br />thereby identifying the site as a vital, active commercial <br />development. Therefore, it is not anticipated that the <br />granting of the variance will be materially detrimental to the <br />public welfare or injurious to surrounding property. <br /> <br />~"213 <br />