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09-12-05
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<br />~ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />zoning and proposed "flexibility" to the Zoning Ordinance language has been addressed <br />through a variance review as a part ofthe POO. <br /> <br />1. City Requirements <br />Section Vill, D, 4, c and d, of the City's Zoning Ordinance state that, <br /> <br />"Adherence to the provisions of this ordinance is required, except for special cases which <br />arise because of the configuration of a particular parcel. The condition shall not have been <br />created by the landowner. A variance or variances of a side of a lot.. the shape of the lot or the <br />unusual terrain prohibit reasonable development equivalent to that which would be permitted <br />without variance on a similar size lot located in the same district, but which lot has no unusual <br />configmation. Economic conditions alone shall not be grounds for a variance, In no case shall <br />the granting of a variance impair lbe health, safety, comfort and general welfare of the public, <br />nor will it be contrary to the intent and purpose of the Comprehensive Plan, the official map <br />or this or any other ordinance of the City". <br /> <br />1. Requested Variances and Findings <br />To avoid redundancy, each variance request does not impair the health, safety, <br />comfort or general welfare of the public. Each request also meets the spirit and intent <br />of the Comprehensive Plan and Gateway Business Zoning District by allowing, "... <br />development that will create an attractive environment and a positive image for the <br />site..." and". ..promoting high quality, unified, large-scale development...". The <br />rcquested variances may be summarized as follows: <br /> <br />a) Maximum office component requirement be increased from 50% to 100% <br />(Zoning Ordinance Section 5 (M) #3 (a)). <br />I. A traffic study completed for the District, outlining maximum traffic by a <br />certain type of build out, and the Welsh Development was rcstricted in its use, <br />with approvals for variances (P.c. #97-06) for less office space and greater <br />warehouse. These restrictions have been put in place so that the future <br />development of the comer property could increase the amount of permitted <br />office space and have a prominent image; and <br />11. The proposed use is a reasonable use for the property and can be <br />accommodated due to regulations placed on other developments in the District <br />in the past. <br /> <br />b) Minimum building size reduced from 10,000 square feet to 6,000 square feet <br />(Zoning Ordinance Section 5 (M) #5 (a) #4 (a)). <br />I. The applicant is requesting a smaller building size for marketing reasons. <br />Depending on the tenants, buildings may be on individual parcels or part of a <br />larger whole. The applicant wants the flexibility of marketing the site to <br />potentially smaller tenants (ex. banks) within a predominately office-oriented <br />complex; and <br />11. The proposed building size is reasonable for the uses being proposed and <br />flexibility in building size should be permitted to allow for, ".. .mix, <br />relationship and intensity of uses and buildings (that) will be compatible and <br />complimentary both internally and with adjacent uses". <br /> <br />7 <br />
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