Laserfiche WebLink
a. Special conditions may include exceptional topographic or water <br />conditions or, in the case of an existing lot or parcel of record, narrowness, <br />shallowness, insufficient area or shape of the property. <br />b. Special conditions and circumstances may not be primarily <br />economic in nature. Literal interpretation of the provisions of this <br />Ordinance would deprive the applicant of rights commonly enjoyed by <br />other properties in the same district under the terms of this Ordinance. <br />2. The special conditions and circumstances do not result from the actions of the <br />applicant. <br />3. Granting the variance requested will not confer on the applicant any special <br />privilege that is denied by this Ordinance to other lands, structures, or buildings <br />in the same district. <br />4. A genuine hardship exists in complying with the literal terms of this Ordinance. <br />The subject site is a wide, shallow lot with limited space available in the rear yard for <br />outdoor storage. Moreover, the lot is removed from direct public street frontage, with a <br />true "front" of the parcel left to interpretation. Thus, the configuration of the lot creates <br />unique circumstances for the property owner, which may create a hardship. The area of <br />the existing building is disproportionate to the total area of the lot, providing less <br />opportunity for a large outdoor storage area. <br />Alternative Actions <br />Regarding the Conditional Use Permit and Variance to allow outdoor storage in the side <br />yard of a property in the I -P District, the City has the following options: <br />1. Motion to approve the CUP and Variance to allow outdoor storage in the side <br />yard and to allow an outdoor storage area which exceeds that maximum <br />permitted area, based on a finding that the conditions for approval have been <br />met and an undue hardship exists, subject to the following conditions: <br />a. The applicant revise the outdoor storage area to meet the maximum <br />allowance identified by Ordinance, 10% of the building size in this case. <br />b. The applicant shall adjust the curb to adhere to the ten foot setback <br />requirement from the property line. <br />c. The applicant shall provide information on the exact species of all <br />proposed plantings. <br />2. Motion to deny the CUP and variance for outdoor storage, based on a finding <br />that the conditions for approval have not been met and no hardship exists. <br />4 <br />