1996 Planning Commission Packets

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�, Planning Commission Resolueion 4�2-96 ` } October 2, 1996 Page 2 �1JHEREAS, this variance requesi iails to meet the following criteria for granting a variance as stated in Section 1125.02 oithe Zoning Code. There are no exceptional or extraordinary circumstances which apply io this property wtvich do not apply generally io other properties in the vicinity in that all of the praperties fronting on Spring Lake Road in this area have the same parking restrictions; and, 2. The granting of the variance would confer on th.e applicant a sgecial privilege in that he would be allowed to build a parking are� within one fao� of the side property line without the conseni o�the neighboring property owner. The requirement for permission was included when the al(owance for such parking areas was added io the Zoning Cod�, and is a key provision wl�ich recognizes the possible impact on neighboring proper�ies and protects the public welfare. Other aiternatives are available to the applicant for provid�ng additional guest parking on his property without needing a variance. There are 11 feet 6 inches between the e�sting driveway and the side Iot iine, aliowing far six feet of parking area to be add�d to ihe driveway witkun ihe required five foot setback. The applzcant couid also add to the north side of the driveway. The variance requested is nat the minimum needed. 4. The variance r�vill be materialty detrimental to the purpose of the Zoning Code and to other property in the same zone in that the Code provisions specifically and intentionally requires permission from the adjacent property owner, and such permission has not been given. NOW, THEREFORE, BE IT RESOLVED, �hat the I�Iounds View Planning Commission does hereby deny the variance request for a concrete parking area wzthin one foot of a side property Iine at 7755 Spring Lake Road. ' Adopied this 2nd day of October, 1996. ATTEST (SEAL) Jetry Peterson, Chairman Pamela Sheldon, Community Development Director