Laserfiche WebLink
That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or surroundings, <br />the strict application of the zoning ordinance is found to deprive the <br />subject property of privileges not otherwise at variance with the intent <br />and purpose of provisions of this Chapter. <br />The project site has a special circumstance related to its <br />size, shape and location. The property has a deed restriction <br />on the northwest section of the site that grants a vehicular <br />easement to the adjacent apartment complex in perpetuity. <br />This restriction on the property severely limits the use of the <br />site, affects the on-site vehicular circulation system, and <br />restricts the placement of the building. Further, the site is <br />located at an intersection of two major arterial streets, is in <br />close proximity to a heavily utilized bus stop and is in an area <br />that contains a large volume of pedestrian traffic. The <br />shifting of the building closer to the street is necessary to <br />allow development of the site and encourage pedestrian <br />accessibility. Also, the reduced setback will improve <br />vehicular and pedestrian to the site. <br />2. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br />The granting of the variance is necessary for the <br />preservation and enjoyment of substantial property rights. <br />Allowing the building to be constructed with a reduced <br />setback will allow the owner the ability to construct a new <br />commercial bank building on a vacant parcel of land. <br />Shifting the building to comply with the setback standard <br />would significantly reduce the feasibility of the proposed use <br />of the building, which impacts the property rights of the <br />owners. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The granting of the variance will not be detrimental to the <br />public or surrounding properties as the building and site have <br />been designed to comply with all applicable development <br />standards except for the landscaped setbacks. The new <br />building and related site improvements such as new <br />landscaping will enhance this property as well as the <br />surrounding properties. Finally, the proposed building will <br />not generate operational impacts to surrounding properties. <br />Resolution No. 2012-10 <br />Page 2 of 6 <br />31 B-14