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07-19-2006
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07-19-2006
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MV City Council
City Council Document Type
City Council Packets
Date
7/19/2006
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commonly enjoyed by other properties in the same district under the terms of this Title. <br /> <br />es <br />do not have wetlands, or at least nowhere near as much on their property. <br /> <br />c. Th <br />The applicant had no control over the shape of the lots or the wetlands being present. <br />tay away from the wetland area. But any additional expansion would require moving <br /> <br />d. Th <br />that i same district. <br /> <br />for reduced building and parking setbacks, there are very rare cases in which there are <br /> <br />e. Th <br />Economic conditions alone shall not be considered a hardship. <br /> <br />mum amount that would allow <br />them to have the size building needed and add 23 additional parking spaces. <br /> <br />f. Th <br />prop <br /> <br /> present to justify a seven (7) foot building setback and zero (0) <br />arking lot setback. Due to the size of this property, it may be hard to justify these <br /> <br />g. Th <br />or su stion of the public streets or increase the danger of fire or <br />endanger the public safety or substantially diminish or impair property values within the <br />rse effects. It will need to be determined whether or not the rerouted storm <br />water drainage would be adequate and not create drainage problems for the area. <br /> <br /> <br /> <br />Recommendation: <br /> <br />The literal interpretation of the provisions of the Zoning Code would deprive the <br />applicant of rights enjoyed by other properties in the same zone, in that most properti <br />at the special conditions or circumstances do not result from the actions of the applicant. <br /> <br />When the current building was constructed in 1982, it was placed on the lot in order to <br />s <br />closer to the wetlands. And now due to bringing rail on to the property, it makes more <br />sense to stay as far south on the property with the tracks as possible. <br />at granting the variance requested would not confer on the applicant any special privilege <br />s denied by this Title to owners of other lands, structures or buildings in the <br />Granting the variance would not confer upon the property owner a special privilege <br />denied to others in the same district. Although there have been many variance requests <br />such extraordinary circumstances that it would justify eliminating the front setback all <br />together. Due to the amount of wetlands on the property and that this is an industrial <br />area, there could be justification to this request. <br />at the variances requested are the minimum variance which would alleviate the hardship. <br /> <br />The applicants state that the thirty-three (33) foot variance for the building setback and <br />the forty (40) foot variance for the parking lot is the mini <br />e variance would not be materially detrimental to the purpose of this Title or to other <br />erty in the same zone. <br />The variance may be detrimental to the purpose of this Title unless it is determined that <br />enough of a hardship is <br />p <br />severely reduced setbacks. <br />e proposed variance will not impair an adequate supply of light and air to adjacent property <br />bstantially increase the conge <br />neighborhood. <br /> <br />The proposed building and parking lot expansion should not result in any of the above- <br />cited adve <br /> <br />
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