09-13-1978 Council Agenda - Laserfiche WebLink

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Little Canada Planning Commission 5 September 1978 Page Two "910.060. APPLICATION FORMS, PROPERTY DESCRIPTIONS. Applications for special use permits or variances shall be made on forms furnished by the Village. All applications shall include a legal description of the property involved and also a description to include all property owned by the applicant which is contiguous thereto." "VARIANCE: A modification of the literal provisions of this Code granted when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of variance are (a) undue hardship, (b) unique circumstances and (c) particular property. A variance is not justified unless all three elements are present in the case. District boundary lines, zoning, property use, or non - conforming use restrictions shall not be revised or amended by granting a request for variances." The reason for requesting a variance for the proposed accessory building has been given that the site is too small to meet the ordinance requirements and still maintain the circulation pattern which exists. This does not appear to meet the requirements necessary for granting a variance, because any hardship involved h economic in nature rather than a physical difficulty with the site. The applicant has submitted signatures from surrounding property owners stating that they do not object to the variance. The problem is that if this request is granted based upon economic reasons, it would not be considered fair to other applicants who are forced to comply with City ordinances. A secondary issue in this request is compliance with Zoning Ordinance parking require- ments. The current building contains approximately 1,728 square feet and requires 12 parking spaces. The proposed addition contains another 624 square feet and will require an additional 4 parking spaces. The sketch plan submitted by the applicant does not include a scheme for parking. While it is realized that carwash clientele typically do not park their cars, the simonizing operation may require that customer vehicles be left for periods of time. 028