04/26/1999 Council Packet - Laserfiche WebLink

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Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations along and when a reasonable use for the property exists under the terms of the ordinance. 4. 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. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The proposed parking area for this use will be located to the east of the building on a 100 x 422 piece of property east of the unconstructed Della Lane. Della Lane in this location is 40' in width. This portion of the site is Zoned RX, Rural Executive, however, the Zoning Ordinance does allow off -site parking provided it is in the same ownership. The McDonald's do own this piece of property. Due to the uncertainty of the future construction of Della Lane, staff would recommend that the parking area be provided on surfacing other than bituminous or concrete. This would also aid in infiltration and help protect the adjacent wetland area as suggested by the Environmental Board. Additional landscaping may be used to assist in the parking lot perimeter delineation as determined by the City Forester and City Engineer. The proposed use would require a minimum of 15 parking spaces. Some of the spaces could be provided behind the existing facility to minimize disturbance to Lot 1. In summary, the Planning & Zoning Board recommended approval of the Conditional Use Permit, Variance from the front setback requirement and site plan review on a 6 -0 vote with the following conditions: 1. Proper building permits are obtain prior to construction and 1% of the total construction costs are deposited to insure completion of site improvements. 2. A variance is granted for a maximum of 13.5' to allow a front setback of 16.5' for the proposed adition. 3. The east and 4k elevations are re -sided with a vinyl material. 4. The single car garage is relocated to the rear of the existing building within the setback requirements of the ordinance (30' setback from Della Lane). 5. Trash handling area is screened from all adjoining properties. 6. The parking area is surfaced with a material approved by the City Engineer, this surface shall not be concrete or bituminous. 7. Additional landscaping shall be provided to aid in the delineation of the parking area. . Grading & utility plans are subject to the review and approval of the City Engineer. cv The applicant shall be required to keep the site in good repair at all times as determined by city staff.