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PC PACKET 092321
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PC PACKET 092321
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10/25/2021 10:26:09 AM
Creation date
10/25/2021 10:14:22 AM
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Commissions
Meeting Date
9/23/2021
Document Type
Agenda/Packets
Commission Name
Planning
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Lakeview Family Dentistry — Site plan and variance requests <br />Page 3 <br />b. Unique Circumstances. The plight of property owner is due to circumstances unique <br />to the property not created by the landowner and, <br />The property is unique in that it is legal nonconforming and the existing impervious <br />surface of the lot exceeds the maximum impervious surface requirement per ordinance, <br />and therefore any modification to the existing building requires a variance. Additionally, <br />the property is uniquely shape, limiting the design and layout of the site. <br />c. Character ofNei,-hborhood. The variance, ifgranted, will not alter the essential <br />character of the neighborhood. <br />Other neighboring properties are also legal nonconforming to the zoning district <br />requirements and have similar uses and impervious surface coverage. The property is also <br />located within the Downtown District and the applicant is proposing to match the existing <br />architectural details of the building, meeting the Downtown Design Guidelines. The <br />proposed site plan will not alter the essential character of the neighborhood and will <br />continue to conform to the Downtown Design Guidelines. <br />It is in staff s opinion that there are practical difficulties in meeting the impervious surface <br />coverage requirement outlined in the Shoreland Overlay District. The applicant's request to add <br />on to an existing building is reasonable and the expansion is intended to meet the needs of the <br />growing business. The property is unique in that the existing building does not conform to the <br />Shoreland Overlay District standards, although it conforms to the C-1 zoning district standards. <br />The proposed addition and site plan will be of matching materials to the existing building and <br />therefore will not alter the character of the neighborhood. <br />(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and <br />intent of this chapter and with the policies of the City's Comprehensive Plan. <br />The spirit and intent of the ordinance is to allow central business district properties to have a <br />sufficient amount of parking and buildable area on site to accommodate business operations. The <br />C-1 zoning district allows up to 90% of a lot to be covered by impervious surface coverage to <br />ensure adequate parking for various users. The proposed impervious surface percent is still well <br />below what is allowed in the C-1 zoning district, meeting the spirit and intent of the ordinance. <br />(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use <br />prohibited in the district. <br />The use of the site is permitted in the C-1 zoning district. <br />(S) 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. However, the building <br />addition will be required to meet building code regulations regarding low floor separation from <br />
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