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Staff Report 10/6/2017 <br /> State statutes and the Zoning Ordinance require that certain standards must be met <br /> before a variance can be approved. The standards and their justifications are as follows: <br /> (1)The approval will not be injurious to the public health,safety,morals and general <br /> welfare of the community; <br /> The proposed variances would have no impact on the public health, safety, and general <br /> welfare of the community. <br /> (2)The use and value of the area adjacent to the property included in the variance <br /> will not be affected in a substantially adverse manner; <br /> Because of the availability of on street parking and existing vegetation on the site,the <br /> adjacent properties should not be adversely affected by the requested variances. <br /> (3)The strict application of the terms of this Chapter would result in practical <br /> difficulties in the use of the property <br /> Strict application of the ordinance would result in practical difficulties in the use of the <br /> property. The site is located mid-block with a zero-lot line to one side and an alley, which <br /> leaves insufficient space to accommodate the parking requirements or the landscaping <br /> required at this site. Large portions of the structure would need to be demolished in order <br /> to meet strict application of the ordinance. <br /> Staff Comments: <br /> The uses requested in this petition are more consistent with the OB Office Buffer District. <br /> The staff would recommend that the petitioner consider amending their request to the OB <br /> Office Buffer District. The OB Office Buffer District would limit the allowable uses to a <br /> range of uses that are suitable to the size and location of the property, and the neighboring <br /> area in which it is located. <br /> Recommendation: <br /> Based on information available prior to the public hearing,the staff recommends the <br /> rezoning petition be sent to the Common Council with an unfavorable recommendation. <br /> The staff recommends approval of the variances, subject to adding one additional shade <br /> tree on South Street. <br /> Analysis: <br /> Rezoning the property to MU Mixed Use District would allow several retail uses that may <br /> not be compatible with the residential character of the neighborhood. The OB Office <br /> Buffer District would allow the use requested, with additional oversight by Council on any <br /> retail uses listed under the Special Exception Uses section of the district. <br /> APC# 2839-17 Page 3 of 3 <br /> i <br />