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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 />