04-27-1994 Council Agenda - Laserfiche WebLink

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the applicant which is not available to others in the same district. e. A genuine hardship exists in complying with the literal terms of the Ordinance. In the Northern Air situation, applicant has difficulty meeting the conditions. Particularly, the special privilege and deprivation of rights issues cause problems with comparison to other properties. The request here is essentially one in which a landowner is seeking a reduction in the setbacks due to the full development of the property. In fact, Northern Air may have other site development options which, while less desirable to the applicant, would rule out the consideration of a variance under the above listed criteria. In the event the City believes that the Northern Air proposal is acceptable, we would suggest that the Industrial Park site development standards are looked at. If the proposal is being viewed favorably, without finding that the criteria for variance are met, the City would effectively be recommending a reduction in the setback standards, rather than finding a hardship. In any case, we would recommend that setbacks be reduced to a dimension which would permit adequate room for maintenance. SUMMARY The Northern Air proposal does not meet the standards established for the consideration of a variance. We do not recommend approval of the request. In the event the City believes that a reduction in setbacks, we would recommend that it be done by Zoning Ordinance amendment, rather than variance. In addition, the Planning Commission should discuss the minimum setback which would be allowable to accommodate building maintenance, and under what conditions such a reduction could be made. cc: Kathy Glanzer Dave Harris Terry Gaetke Page 84