2022.10.03 CC Packet - Laserfiche WebLink

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Premier Bank – Site Plan, Zoning Amendment, CUP, and Variances 9 c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The neighborhood is zoned as Future Central Business (FCB) meaning that non - commercial uses are allowed, however it is anticipated that the properties within the district will eventually be developed as commercial businesses and rezoned to C-1. A drive-through business with its access point onto Flay Avenue North would be within the character of an eventual central business district. The other corners of Highway 61 and 147th Street are occupied by commercial uses. It is in staff’s opinion that the proposed access point location will not alter the essential character of the neighborhood. It is in staff’s opinion that there are practical difficulties in meeting the ordinance standards. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance is to ensure that drive-through businesses that generate respective vehicle traffic are not placing the burden of such traffic onto public streets that are not equipped to handle a high volume of vehicles. Although Flay Avenue North currently functions as a residential street, the neighborhood being guided for central business district zoning means that there will likely be other commercial uses access points on Flay Avenue in the future. This area is expected to be developed with commercial uses consistent with the downtown plan. It is in staff’s opinion that the location of the access point meets the spirit and intent of the code and comprehensive plan. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. The use is allowed in the 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 project is not located within the FEMA floodplain overlay district. The project is not expected to increase flood levels in the area. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property can be served by City sewer and water. It is in staff’s opinion that the request meets all standards required for a variance