07-22-1987 Council Agenda - Laserfiche WebLink

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Little Canada Planning Commission 1 July 1987 Page Three As stated in the Ordinance Section 922.010 C.2.: "A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved. (1) 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. (2) Special conditions and circumstances may not be primarily economic in nature. 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 this Ordinance to other lands, structures, or buildings in the same district. e. A genuine hardship exists in complying with the literal terms of this Ordinance." A variance from the established district standards for the site in question, in our opinion does not qualify per the above stated criteria. Per item t'. no special or unique hardship exists other than the use and building need ado not fit the site. The variance would also violate items b and d. Additionally, Section 903.010 A and B of the Zoning Ordinance clearly state that a non- conform- ing use and site are not to be enlarged or expanded, but only to continue as is or be brought further into ordinance compliance. Based upon these considerations plus the number of ordinance deviations involved, we believe the case could establish a major, uncontrollable precedent for future such situations. We there- fore cannot recommend approval of the variance required for this project to proceed. cc: Joe Chlebeck John Palacio Tom Sweeney Don Carley Robert DeBace Page 20