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Tires N’ More Parking Lot Variances Report November 6, 2013 Page 2 For the Planning Commission to act favorably toward this application, there must be a demonstrated hardship or practical difficulty associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. This is true for all variance requests. State statutes require that the governing body review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The individual criteria, with responses, are as follows: a. The variance is in harmony with the general purposes and intent of these regulations. The zoning code requires driveway and parking setbacks for aesthetics and to provide separation and some sense of privacy and security between businesses and neighbors. The zoning code primarily deals with aesthetics and size limitations, not safety. When older, existing buildings need improvements, such as expansions or parking lots, it is often difficult to meet current code requirements. b. The variance is consistent with the Comprehensive Plan. While the Comprehensive Plan does not specify design criteria for properties, it does support improvements to and the maintenance of properties. The installation of a new parking lot will be a large improvement to this property. c. The applicant proposes to use the property in a reasonable manner not permitted by this Title or the City Code. The applicant is asking for the reduced parking lot setbacks in order to be able to access his property and to limit the traffic in the front parking lot for safety reasons. d. Unique circumstances apply to the property which do not apply to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property since the enactment of this Title has had no control. The unique circumstances do not result from the actions of the applicant. The unique feature of this property is that the north property line is angled, the building does not sit parallel to County Road 10 and is located closer to the front of the lot, making the front parking lot very small and difficult to maneuver through. The building does not have its own access to County Road 10 and must use the two adjoining properties’ access driveways. The building has side setbacks of about 14 feet (west side) and 32 feet (east side), which leave limited room to access the rear parking lot. The applicant purchased the property as-is and is not responsible for the conditions that have prompted him to apply for a variance.