44-24 Annexing and Amending the Zoning Ordinance for Property Located at 25471, 25481, and 25491 Cleveland Road

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Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The proposed variances would not be injurious to the public health, safety, or general welfare of the community. The requested variances allow for the retention of mature trees, which are better for the environment and general welfare of the community. The proposed aggregate area is relatively small and setback a significant distance from the road. (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The use and value of adjacent property should not be adversely affected. The proposed use is essentially an office. The proposed landscaping variance will ultimately exceed that of what is required by the Ordinance. The location of the outdoor storage area with aggregate surface is on the east side of the property away from any residential uses. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: Strict application of the Ordinance would require removing existing mature trees in order to replace them with evergreen trees starting at 6' in height. It would also require the pavement of the entire outdoor storage area, which would increase the impervious surface, which is ultimately detrimental to the environment and would increase required area on site be devoted to drainage. (4) The variance granted is the minimum necessary, because: The proposed variances are the minimum necessary to ensure a well buffered area adjacent to a low -intensity use. The proposed development would still included hard surfaced parking and drives. The area proposed for aggregate is where the large equipment would be stored. Because of the type of equipment being stored, frequent resurfacing would be needed. (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The proposed development is trying to retain as much of a the natural landscape as possible. The Ordinance does not anticipate this type of office (a suburban style office with an area for parking equipment), which is not a result of an action by the owner or petitioner. The variances requests are specific to this user, but with the intention of preserving as much mature vegetation as possible and minimizing paving on the site.