2015.01.22 PC Packet - Laserfiche WebLink

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O'Reilly Auto Parts — Site Plan and Variances the required setback. The property owner is proposing to use the property in a reasonable manner. b. Unique Circumstances. The plight ofproperty owner is due to circumstances unique to the property not created by the landowner and, The downtown design guidelines state that parking lots should not be located between the building and the street. Due to parking lot dimension requirements and the required amount of parking stalls, in order to allow circulation within the parking lot in this location, a variance would need to be requested. It's in staff s opinion that the applicant needs all the parking spaces proposed and traffic circulation is important for the site. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. There are other parking lots in the neighborhood that do not meet the setback requirement. The variance would not noticeably alter the character of the area. It is in staff's opinion that the applicant has practical difficulties in meeting the ordinance regulations. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policiesof the City's Comprehensive Plan. The spirit and intent of the ordinance is to provide a buffer and green space between the commercial use parking lot and a residential use. The applicant is proposing landscaping in this area and a fence to provide a buffer between the uses. It is in staffs opinion that the variance meets the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Parking and loading areas are allowed as an accessory use in the Central Business (C-1) zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (G) Septic and Well Compliance. The sewage treatment systema and water system of the subject property is in compliance with city and state codes. The property is served with municipal sewer and water.