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4 <br /> This Variance request is to allow for the present parking areas as mentioned above to be <br /> relocated from the Kenmore Street right-of-way and placed on-site.As shown the parking spaces <br /> along Kenmore Street will be screened by low shrubs. This is an improvement over the existing <br /> paved area that exists today along Kenmore Street.This Variance will allow for the required number <br /> of parking spaces on-site for the Convenience store and Gas Dispensing facility as stated in the City <br /> Ordinances.The Petitioners do not believe approval of this Variance would have an adverse <br /> affect on any surrounding property. <br /> 10). A Variance from the minimum 30 ft. Front yard Building Setback along Western Avenue to a minimum <br /> of 9 ft.and from the minimum 30 ft. Front yard Building Setback along Kenmore Street to a minimum <br /> of 8 ft.for an existing building.The Petitioners would ask for approval to be allowed to have the <br /> existing building remain in the present location which encroaches into the front yard building setback <br /> area along both Western Avenue by 21 ft.and encroaches into the front yard building setback area along <br /> Kenmore Street by 22 ft.The building has existed as shown for the past several decades and the <br /> Petitioners believe approval of this Variance will not be detrimental to any adjacent property. <br /> 11). A Variance from the requirement of providing foundation landscaping on three sides of the dumpster <br /> enclosure to no additional screening as shown.The Petitioners would state that presently the dumpster <br /> as had no enclosure for the past several years.They would ask the Commission Members to agree that <br /> providing the shown enclosure along with the additional fencing along the north and south property <br /> lines would be sufficient screening for the dumpster.The Petitioners do not believe approval of this <br /> Variance would have an adverse impact on any surrounding property. <br /> 8) A statement on how each of the following standards for the granting of variances is met: <br /> The Petitioners would state that their property is located in the urban core on a corner parcel that has <br /> been used for retail purposes for the past few decades.The Petitioners desire to add gas pumps to their <br /> facility as a convenience for their patrons.The proposed gas pumps are not the primary use of the site. <br /> The gas pumps will be a secondary use.The requested number of Variances,reflect a situation that <br /> exists for retail uses that are located in older neighborhoods.The building has existed for decades and <br /> pre-dates revised zoning ordinance developmental standards.The customer that uses this type of retail <br /> establishment is just as likely to be a walk-in patron as one that uses a car. The Petitioners would state <br /> that the approval of the above requested Variances will not be injurious to the public health,safety, <br /> morals and general welfare of the community.As envisioned the proposed improvements will place <br /> parking,screening, landscaping on-site where none presently exists.This will increase the public health, <br /> safety,morals and general welfare of the community. <br /> The Petitioners would also state that the use and value of the area adjacent to the property included in <br /> the Variances will not be affected in a substantially adverse manner.The site as proposed will provide <br /> more screening, landscaping and on-site parking than has existed before. The proposed improvements <br /> will remove existing parking and pavement that is located in the Kenmore Street right-of-way. The <br /> proposed improvements should help to stabilize values for neighborhood properties adjacent to the site. <br /> The Petitioners would state that the strict application of the terms of this Ordinance would result in <br /> practical difficulties in the use of the property. The strict enforcement of the Ordinance would make any <br /> proposed improvements almost impossible and create a situation where owners could do little to add <br /> value to their properties and provide additional services for the patrons using their establishments. <br /> 9). If not clearly shown on the Preliminary Site Plan,a site plan showing the requested variances shall also <br /> be submitted. <br /> The Petitioners have supplied a site plan to help show the proposed improvements and reflect the <br /> Requested Variances and Special Exception. <br /> 10) If applicable,a detailed description and purpose of the Special Exception(s)being requested: <br /> The Petitioners are requesting approval of a Special Exception Use as allowed under Section 21-03.04 <br />