09-25-1996 Council Agenda - Laserfiche WebLink

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4. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance, 5. Violate the intent and purpose of the City Comprehensive Plan. The proposal should not effect light and air to the adjacent properties, effect traffic, create a fire hazard or effect public safety, and in all likelihood, will not effect property values, and if the front yard setback requirement is met, should not violate the intent of the Comprehensive Plan. The intent of rear yard setback requirement is to provide adequate spacing between structures. Because the rear yard faces the Burlington Railroad, it may be reasonable to allow a variance to the rear yard setback as there will not be an encroachment on existing structures. However, the purpose of the front yard setback is to maintain distance from the roadway to provide on -site parking, adequate area for snow storage and not to prevent a "crowding" effect on the roadway. An encroachment on the front yard setback may violate the intent of the front yard setback requirement. We originally recommended to the applicant to set the structure 40 feet back from Ryan Drive and 5 feet back from the rear lot line, and submit a site plan that showed the on -site parking areas, outside storage areas and any landscaping. However, the applicant has not submitted this information. Variance Criteria: A variance from the terms of the City Code may not be granted unless it can be demonstrated that: Special conditions and circumstances exist which are peculiar to the land, structure, or building involved. a. 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. b. Special conditions and circumstances may not be primarily economic in nature. In this instance, there are special conditions or circumstances that exist that are unique to this site. The property is triangular in shape and very narrow, which severely limits the buildability of the site. As shown on the attached site plan there is only a small area of and that is buildable. 2. 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. If the literal interpretation of the City Code were upheld and all of the required setbacks must be met, then 3/4 of the property would be rendered unbuildable. 2 Page 82