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A Plus Xndustries, case No. 2421 Page 2 The Aareement The variances involved in the Agreement are as follows: Pence Height: In order to adequately screen the building, parking, and storage areas from adjacent residents, it was determined that a 12-foot-high fence was needed along two of the neighboring lots. This is higher than the 8-foot limit in the Code. To accomplish the necessary screening in another way on the A Plus site would consti~ute a hardship. If the neighbors choose, they can request that the fence be constructed only to 8 feet in height. Building Setback: According to drawings supplied by the applicant, the A Plus building is II fee~ from the rear lot line. The building is existing and it would constitute a hardship to move or raze the building to comply with the lOO-foot setback. parking setback: The parking areas in the rear of the building are also within 8 feet of the lot line. These areas are needed for parking, maneuvering, and storage, and it would constitute a major hardship to the business to move the parking areas to within the 40 required setback. outdoor storage: A Plus utilizes its outdoor space for the s~orage of material. Given the size of the si te and amount of space available for parking, maneuvering, etc., it would be a hardship to require additional building space to house this material. The Agreement stipulates that the materials stored outdoors shall not be stacked higher than the new fence. 3. CONCLUSION & RECOMMENDATION The variances requested are the result of a long-sought and hard-won effort to rectify an intolerable situation. While not an ideal solution, the Agreement represents a reasonable plan within the existing constraints. To require complete compliance with the Code standards would be a major hardship for A Plus, given the size of their si te and nature and extent of their business. The Agreement will keep A Plus as a valued business and employer in the community and brings the A Plus site closer to complying with the intended standards for an industrial use adjacent to a residential neighborhood, while removing the noise problem that has plagued the neighbors. We recommend approval of the variance requests.