10-09-08 Planning Comm. Agenda - Laserfiche WebLink

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will diminish or impair property values or will violate the intent and purpose of the Comprehensive Plan. 2. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. (2) Special conditions and circumstances may not be primarily economic in nature. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. c. The special conditions and circumstances do not result from the actions of the applicant. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other (ands, structures, or buildings in the same district. e. A genuine hardship exists in complying with the literal terms of this Ordinance. The applicant has not demonstrated that the subject site has special conditions or circumstances which are not economic in nature that would impair the ability to put the property to reasonable use if the variance is not granted. The applicant states that the off-site outdoor storage rental agreements make up a significant portion of their business income and that several of the rental agreements have been in place for many years. However, as stated previously, these off-site outdoor storage rental agreements were not legally established under as allowed uses and are not grandfathered in. The fact that the off-site rental agreements make up a significant portion of R & S Automotive's business income is economic in nature and does not qualify as a hardship. 6