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03-13-2014 Planning Comm. Agenda
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03-13-2014 Planning Comm. Agenda
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Request for a Variance from Outdoor Storage Area Requirements <br />In considering a request for a variance the City shall make a finding of fact that the proposed <br />action will not: <br />a. Impair an adequate supply of light and air to adjacent property. <br />b. Unreasonably increase the congestion in the public street. <br />c. Increase the danger of fire or endanger the public safety. <br />d. Unreasonably diminish or impair established property values within the neighborhood, <br />or in any way be contrary to the intent of this Ordinance. <br />e. Violate the intent and purpose of the City Comprehensive Plan. <br />Permitting the applicant to maintain existing areas of outdoor storage on the subject property is <br />not anticipated to impact the supply of light or air to adjacent properties, endanger the public <br />safety, decrease property values within the neighborhood, or increase traffic congestion. <br />However, as discussed earlier, it is possible that choosing to permit outdoor storage on the <br />property in excess of that allowed by the I -P District is contrary to the goals the 2030 <br />Comprehensive Plan, which states the intent of reducing the appearance of outdoor storage in <br />industrial districts over time. <br />A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated <br />that: <br />a. Special conditions and circumstances exist which are peculiar to the land, structure, <br />or building involved. <br />(1) Special conditions may include exceptional topographic or water conditions <br />or, in the case of an existing lot or parcel of record, narrowness, shallowness, <br />insufficient area or shape of the property. <br />(2) Special conditions and circumstances may not be primarily economic in <br />nature. <br />b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of <br />rights commonly enjoyed by other properties in the same district under the terms of this <br />Ordinance. <br />c. The special conditions and circumstances do not result from the actions of the <br />applicant. <br />d. Granting the variance requested will not confer on the applicant any special privilege <br />that is denied by this Ordinance to other lands, structures, or buildings in the same <br />district. <br />e. Practical difficulties exist in complying with the literal terms of this Ordinance. <br />"Practical difficulties" means that the property owner proposed to use the property in a <br />reasonable manner not permitted by the Zoning Ordinance, that the plight of the <br />landowner is due to circumstances unique to the property not created by the landowner, <br />and that the variance, if granted, will not alter the essential character of the locality. <br />Economic considerations alone do not constitute practical difficulties. <br />No special conditions exist on the subject property making it difficult for the applicant to adhere <br />to outdoor storage standards in the I -P District. The land and structures involved provide no <br />5 <br />
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