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JUL -21 -2000 11:42 <br />NAC 612 595 9837 P.03/93 <br />d. Granting the variance requested will not confer on the applicant any sepalal <br />privilege that is denied by this Ordinance to other lands, structure, or buildings in <br />the same district. <br />e. A genuine hardship exists in complying with the literal terms of this Ordinance. <br />Application of these standards have resulted in variances granted to the Stanke property <br />and to the Belland property in Ryan Industrial Park, based on both the railroad and on the <br />narrowness and /or shallowness of the lots in this area. A variance was not approved for <br />the Northeast Residences setback adjacent to the Water Works because the property was, <br />at least technically, oversized for the zoning district. The large structure proposed by <br />Northeast Residences resulted in the variance request, rather than the narrowness of the <br />lot. The building proceeded when the applicant was able to acquire property from the <br />Water Works. <br />We were unable to find another community which built in a setback exclusion based on the <br />undevelopable status of the adjacent property. Lakeville had this type of exclusion for <br />freeway property, but has since eliminated it. It was replaced by a reduction in a special <br />set of "bufferyard" requirements, but setbacks do not vary. A few communities have <br />included an exclusion for industrial property adjacent to railroads where the Industrial use <br />is gaining access to a spur rail line. Beyond these few examples, it appears that most <br />communities do not distinguish. <br />The purpose of setbacks has been to establish a minimum separation between uses to <br />avoid crowding, and to require a minimum amount of spacing and open space on individual <br />building lots. The variance process allows the City to review encroachment requests on <br />a case -by -case basis. <br />cc: Kathy Glanzer <br />Page 45 <br />TOTAL P.03 <br />