2021.01.04 CC Packet - Laserfiche WebLink

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Victor Land Holdings, LLC, Pre Plat, Final Plat, Site Plan, CUP, Variance, and Easement Vacation Page 6 (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; According to the ordinance, 20% of the façade of building are allowed to be metal. Metal is an allowed material up to a certain percent. The applicant would like to use a higher percentage of metal. The proposed metal is architectural and high quality rather than the use of metal that ordinance is generally designed to prevent (i.e., tin shed/pole barn). The property owner is proposing to use the property in a reasonable manner. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The proposed architectural metal panels are unique in that they are not the type of metal that is that the ordinance is generally designed to prevent (i.e., tin shed/pole barn). The proposed material is high quality and has gradually been used more on commercial and industrial projects. The property is unique as it is located in an area that has existing metal buildings (pole barns). The applicant is proposing to use a high quality metal and the buildings are not designed to be pole barns. Because of the unique location of the site along 130th Street there is an opportunity to use innovative building materials that might not meet the strict intent of the ordinance in regards to it being metal. The proposed building material is high quality and the building design is attractive, which meet the intent of the ordinance to ensure high quality design and building materials for commercial and industrial buildings c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The property is located on the northeast corner of 130th Street and Fenway Boulevard. It is adjacent to existing metal buildings and across the street from a townhome development that that uses vinyl siding for the exterior. Allowing the use of the high quality architectural metal panels will provide a good transition between these uses and will not alter the essential character of the neighborhood.