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O'Reilly Auto Parts — Site Plan and Variances <br />for the intended use. The variance on the property will be keeping with the spirit and intent of the <br />ordinance as it develops. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />Parking and loading areas are allowed as an accessory use in the Central Business (C-1) zoning <br />district. <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued <br />within any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />The property is not located within a FEMA designated floodplain. <br />(6) Septic and Well Com fiance. The sewage treatment system and water system of the subject <br />propert)• is in compliance with city and state codes. <br />The property is served by municipal sewer and water. <br />Parking Setbacks <br />Section 90-253 requires the back of the curb of all parking areas to be a minimum of 10 feet from <br />the property line when abutting a residentially zoned property. The applicant is requesting a <br />corner of the parking lot to be 5.5 feet from the east property line, where 10 feet is required by <br />ordinance. The property to the east is zoned Central Residential (CR -3). <br />Staff used these standards to review the parking setback variance request and finds that it meets <br />the standards as follows: <br />(1) Law. The variance as requested is permissible by law. <br />The proposed variance is permissible by law. <br />(2) Practical Difficulties The applicant for a variance shall establish that there are practical <br />difficulties in complying with the provisions of the zoning regulations. The term "Practical <br />Difficulties" as used in the granting of a variance means: <br />a. Reasonable Use. The property owner proposes to use the property in a reasonable <br />manner not permitted by the zoning ordinance and; <br />Parking and loading areas are allowed as an accessory use in the Central Business (C-1) <br />zoning district. Due to the location of the building and parking lot, in order to provide for <br />circulation within the parking lot a small corner of the back of the curb will encroach into <br />7 <br />