12-14-2005 Council Agenda - Laserfiche WebLink

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b. 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. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district. e. A genuine hardship exists in complying with the literal terms of the ordinance. According to the applicant, a variance for a second curb cut is necessary due to the following circumstances which are unique to the property: • No reasonable or safe use of the property currently exists. This is due to heavy traffic and high speeds combined with heavy pedestrian traffic along County B2. • Circumstance beyond the applicant's control which include low visibility to speeding traffic or pedestrian approach from either direction. • Variance would not alter the essential character of the area and according to the applicant's submittal a second curb cut would be consistent with the area. The subject site is located off of County 82 along Lake Gervais. The applicant's recently hired a landscape architect to create a landscaped island. According to the applicant, the function of the landscaped island is to create a second access for safety reasons as well as to enhance the esthetics and curb appeal of the site and surrounding area. In review of the applicant's site plan the existing garage is setback 30.4 feet from County B2, The front yard setback requirement is 30 feet. The intent of the setback requirement is to ensure adequate stacking space and maneuverability within the residential uses. In this regard, the applicant's current home is in compliance with the standard of the Ordinance. The allowance of a second curb cut within the City is made based upon the street frontage of a property. The intent of this requirement is to limit curb cuts and to control traffic onto streets and roads within residential areas. As indicated, the applicant has 114 feet of street frontage. A total of 350 feet is necessary for a second curb cut. - 2 3 -