04/12/2010 Council Packet - Laserfiche WebLink

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c. That the hardship is not due to economic considerations alone if reasonable use for the property exists under the terms of the ordinance. There is no hardship that staff can identify in this request. The request is based on a desire to overdevelop a site. d. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The city has regularly enforced the accessory structure limitations on property owners, and an approval of this request would confer a special privilege normally denied on other lands. e. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The spirit and intent of the accessory structure limitations is to insure that sites are not overdeveloped with outbuildings, and the proposed request would do just that. Planning and Zoning Board On March 10th, the Planning and Zoning Board voted 5 -1 to recommend denial of the request. At the Planning and Zoning Board, the applicant indicated that the largest existing structure is being used as rental storage space and not by the property owner. This is an indication that the allowances of the ordinance are not too restrictive in this case, but rather that the property owner is underutilizing the structures they already have. Recommendation Staff is recommending denial of the Variance with the Resolution 10 -26, based on the findings of fact within. If the Council wishes to approve, alternative findings will need to be made and a new resolution created. Additionally, the following conditions are recommended in case of approval: 1. A building permit must be obtained prior to construction of the proposed structure. 2. The structure may only be maintained as long as the additional acreage to the south is leased by the applicant. 3. An escrow account must be established to cover the cost of removal should the applicant fail to maintain a lease on the additional acreage. Attachments Resolution No. 10 -26, Location Map, Site Plan, Nordstrom Justification Letter • • •