Agenda Packets - 2005/05/23 - Laserfiche WebLink

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Ace Supply Variance Appeal Report May 23, 2005 Page 3 c. That the special conditions or circumstances do not result from the actions of the applicant. It could be argued that the current property owner did not have control of the size of the property or building when the existing building was constructed, however, it also seems as though the difficulty is self-created in that the activities occurring on site are too intense for the size of the property. d. That granting the variance requested would not confer on the applicant any special privilege that is denied by this Title to owners of other lands, structures or buildings in the same district. Granting the variance would confer upon the property owner a special privilege denied to others (with similarly sized parcels) in the same district. Although there have been many variance requests for reduced parking setbacks, there are very rare cases in which there are such extraordinary circumstances that it would justify eliminating the front setback (abutting right-of-way) all together. e. That the variance requested is the minimum variance which would alleviate the hardship. Economic conditions alone shall not be considered a hardship. The forty (40) foot variance is the minimum amount that would allow the applicants to add 13 parking spaces and a one-way drive aisle. f. The variance would not be materially detrimental to the purpose of this Title or to other property in the same zone. The variance may be detrimental to the purpose of this Title unless it is determined that a hardship is present and justifies a zero (0) foot setback. g. The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. The proposed parking lot expansion should not result in any of the above-cited adverse effects. Public Comment: Staff received one letter in support of the variance from Gregg Lien, owner of Midway Industrial Supply Company, which is located directly north of Ace Supply Company. The letter is attached for Council review.