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1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of <br />Adjustment upon the application by the owner of the affected property where the strict enforcement <br />of this chapter would cause practical difficulties because of circumstances unique to the individual <br />property under consideration and then only when it is demonstrated that such actions will be in <br />keeping with the spirit and intent of this chapter. Definition of practical difficulties - "Practical <br />difficulties" as used in connection with the granting of a variance, means that the property owner <br />proposes to use the property in a reasonable manner not permitted by an official control. <br />SETBACK FINDING: The property has constraints with the septic location, pet cemetery, and <br />floodplain. The proposed location is the only feasible location for an addition. Existing facilities are <br />at capacity and the applicant states expansion is required to remain a viable business. <br />OFF STREET PARKING FINDING: The applicant is not proposing any additional parking with <br />the facility addition. The undeveloped property has significant slopes that are not suitable for <br />parking and adding additional impervious surface and drainage. <br />2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property <br />not created by the landowner. <br />SETBACK FINDING: The applicants are not responsible for the layout of the current facility. <br />Expansion is not viable in areas that meet setbacks due to grades, wetlands, septic location, and the <br />pet cemetery. <br />OFF STREET PARKING FINDING: The applicant does not utilize all the parking currently in <br />place due to the drop off/pick up structure of the business. The grading of the property is not <br />conducive to additional parking and parking is not permitted in the fire lane. Additional parking <br />would cause increased runoff and flooding of the structures. <br />3) Character of Locality. The proposed variance will not alter the essential character of the locality in <br />which the property in question is located. <br />SETBACK FINDING: The variance should not impact essential character; the use of the facilities <br />is to remain the same. The request meets the overall design intent of this area. <br />OFF STREET PARKING FINDING: The variance request should not impact essential character; <br />the parking will remain as -is. <br />4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of <br />light and air to properties adjacent to the property in question or substantially increase the congestion <br />of the public streets or substantially diminish or impair property values within the neighborhood. <br />SETBACK FINDING: The request should not negatively impair adjacent properties or increase <br />congestion on a public street. The area has natural buffers from residential areas. <br />OFF STREET PARKING FINDING: The variance should not impair adjacent properties or <br />increase congestion on a public street The parking will remain as -is. <br />AGENCY REVIEW: <br />This request was distributed to several departments and agencies for review on March 151h, 2024. The <br />following departments provided comments: <br />4 <br />