Laserfiche WebLink
b. Literal interpretation of the provisions of this Ordinance would deprive the <br />applicant of rights commonly enjoyed by other properties in the same district <br />under the terms of this Ordinance. <br />c. The special conditions do not result from actions of the applicant. <br />d. 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 <br />buildings in the same district. <br />e. A genuine hardship exists. <br />Outdoor storage is available to the applicant by conditional use permit, but must be <br />located in the north yard of the property. This location would be less attractive to the <br />public than the proposed storage location, as it would face Yorkton Boulevard. It would <br />also be less conveniently reached by the applicant's business. However, if the west side <br />of this alternate location was screened it would meet the requirements of the CUP. <br />If the Planning Commission feels the use is appropriate for the site, it may recommend <br />the City Council grant a variance to allow side yard storage, since the storage will be <br />located behind the building and the conditionally permitted storage location on the north <br />side of the property would be inconsistent with the aims of the Zoning Ordinance. <br />Conditions on the site are not particularly unique or difficult for the applicant. A genuine <br />hardship cannot easily be found on the site, as many properties are located on corner <br />lots with dual frontages. The specific circumstances of the lot are not unique to the <br />property. <br />SUMMARY AND RECOMMENDATION <br />Planning staff recommends the Planning Commission choose from two potential actions <br />for the request for a CUP and variance for outdoor storage on the property located at <br />2958 Yorkton Boulevard. <br />If the Planning Commission feels the proposed use behind the building is appropriate <br />for the site, it may recommend approval of the variance and conditional use permit to <br />allow construction of the open storage area, subject to the following conditions: <br />1. Applicant must apply for all permits related to construction of fences. <br />2. Applicant must demonstrate adequate parking is available on site, and that <br />proposed storage will not occupy required parking stalls. <br />3. Applicant shall submit elevation drawing of proposed gate and fence for the <br />south property line. Approval shall be subject to Planning Commission review of <br />the proposed gate and fence design, which must provide an effective screen <br />from the right -of -way. <br />4 <br />