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Planning Case No. 452-96 New Apostolic Church; 3025 County Road H September 4, 1996 Page 4 Analysis: The analysis portion of this report consists of three sections: • variance application pages 4-7 • conditional use permit application pages 7-14 • development review pages 14-17 Variance Application The regulations for the R-1 district require a front setback of 35 feet, and side and rear setbacks of 30 feet for churches [Section 1104.01(3) and 1106.04(1)]. The site layout shows the church building placed so the front setback to County Road H is 30 feet, instead of the required 35 feet. The applicant has submitted a letter dated July 17, 1996 stating that the variance would allow better fire access around the building by adding additional width to the drive land and would provide for more green space along the north property line (see attached). Variances may be issued by the Planning Commission, acting as the Board of Adjustments and Appeals, to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of his land. A variance may be granted only in the event that the • following circumstances exist: a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The lot in question is a standard residential lot containing 22,520 square feet, which is 10,020 square feet more than the minimum requirement of 12,500 square feet. It is rectangular in shape, with no exceptional topography. Given its larger than normal size and its regular shape, it should be possible to accommodate uses allowed by the zoning district without varying the Code requirements. b. The literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Title. The typical use of lots in this district is for single family houses. The applicant is proposing is a church, which is a conditional use. It would be possible to accommodate a church building within the required setbacks if the size of the church were reduced. The need for the variance is caused by trying to fit a 2,054 square foot church having 125 seats, and the associated parking onto the lot, and also providing a typical landscape buffer area between this property and adjacent residential properties. A survey of the churches in • the community show that buffer areas range from approximately 14 feet to 66 feet, and