L31 B1 Animal Hospital VARAvon Planning & Zoning Commission
Variance
Staff Report Submitted for the June 6, 1995 meeting
Date June 3, 1995
Project Animal hospital
Zone District IC
Legal Description Lot 31, Block 1, Benchmark at Beaver Creek
Introduction
This is a request for a parking lot setback variance. Normally, all paving must terminate 10 feet
from the right-of-way line (the property line). The applicant is requesting a variance that varies
from a fraction of a foot to a maximum 4.32 ft. Without this variance, he will not be able to
construct adequate parking and maneuvering area to support the proposed uses.
Criteria for review and approval of variances
Before acting on a variance application, the Commission shall consider the following factors with
respect to the requested variance:
Section 17.36.40 Approval Criteria:
A. The relationship of the requested variance to other existing or potential uses and structures in
the vicinity;
B. The degree to which relief from the strict or literal interpretation and enforcement's of a
specified regulation is necessary to achieve compatibility and uniformity of treatment among
sites in the vicinity, or to attain the objectives of this title without grant of special privilege:
C. The effect of the requested variance on light and air, distribution of population, transportation
and traffic facilities, public facilities and utilities, and public safety;
Section 17.36.50 Findings Required:
The Planning and Zoning Commission shall make the following findings before granting a
variance.
A. That the granting of the variance will not constitute a grant of special privilege inconsistent
with the limitations on other properties in the vicinity.
B. That the granting of the variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity.
C. that the variance is warranted for one or more of the following reasons:
• The strict or literal interpretation and enforcement of the regulation would result in practical
difficulty or unnecessary physical hardship inconsistent with the objectives of this title;
L31 B I B%I.DOC
Page I
Variance
Lot 31, Block 1, Benchmark at Beaver Creek.
Page 2 (of 3)
June 6, 1995 P & Z Meeting
• There are exceptional or extraordinary circumstances or conditions applicable to the site of
the variance that do not apply generally to other properties in the vicinity;
• The strict or literal interpretation and enforcement of the specified regulation would deprive
the applicant of privileges enjoyed by the owners of other properties in the vicinity.
Staff Comments
The literal enforcement of this provision of the ordinance would arguably result in undue
hardship. The applicant's parking area is designed to Town standards, so as to provide adequate
stall depth and maneuvering room. The applicant has pointed out that his lot depth is not as great
as others in the zone district. Because of the size of the building, necessary for the proposed uses,
and which does not approach the maximum lot coverage, reducing the width of the parking lot
will interfere with its function. Conversely, because of the relatively small amount of
encroachment (a maximum of 4.32 feet), the impact on the public way of allowing the variance
would not be significant.
Staff Recommendation
Grant the parking lot setback variance as requested.
Procedure
1. Introduce Application
2. Applicant Presentation
3. Commission Review
4. Commission Action
If you have any questions regarding this project or any community development matter, please
call me at 949-4280 (extension 129), or stop by the Community Development Department.
Respectfully submitted,
Michael Matzko
Director of Community Development
Document 14
Variance
Lot 31, Block 1, Benchmark at Beaver Creek.
Planning & Zoning Commission Action
❑ Approved as submitted
Li(Approved with conditions
❑ Denied
❑ Tabled
❑ Withdrawn by applicant
Conditions (if applicable)
Page 3 (of 3)
June 6, 1995 P & Z Meeting
The Commission approved with the following conditions;
1. Subject to the landscape plan on the south edge of th:? building having
all submitted trees and bushes intact but that they all be placed within
the boundaries of theapplicant's lot;
2. Staff recommendations.
Signed
Jack Hunn, Chair
Attest
Sue Railton, Secretary
Date
Date �
�9
Document N