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Last modified
10/26/2007 12:20:04 PM
Creation date
12/9/2004 7:25:14 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3321
Planning Files - Type
Variance
Address
222 NORTH MCCARRONS BLVD
Applicant
Gregg Peterson
Status
Approved
Date Final City Council Action
7/23/2001
Date Final Planning Commission Action
7/11/2001
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<br />3.2 Section 1013.02 requires the applicant to demonstrate a physical hardship and to <br />demonstrate that no practical alternatives exist that would reduce the need for a variance. <br /> <br />3.3 Parking for the National Guard facility occurs in the on-site parking lot as well as on the <br />street. The street was widened and accommodates parking that assists with overflow <br />parking needs. <br /> <br />3.4 National Guard assembly and exercise activities, including people and equipment <br />(mobilization of vehicles), take place during the week and on weekends. <br /> <br />3.5 The National Guard facility is also used for third party events and gatherings including <br />gun shows and youth group activities that generate traffic and noise during the evening <br />hours and weekends. <br /> <br />3.6 The fence of choice by the Peterson's is a wood fence with a 12-inch lattice top to <br />visually screen the National Guard facility and reduce some on the noise. The fence <br />height of four feet, given the parcels topography, would not provide the screening the <br />Petersons desire. <br /> <br />3.7 The proposed fence would be placed on the property line along North McCarrons <br />Boulevard and jog inward (south) to both of the garages. This is not a corner lot so there <br />is no issue of blocking the clear view triangle. However, staff recommends that the <br />corners of the fence as it makes its way to each of the garages, be angled to provide better <br />view of the street. <br /> <br />3.8 The proposed variance is in harmony with the general purpose and intent of the City's <br />Comprehensive plan and Title 10 (zoning) of the City Code. <br /> <br />3.9 Variances may be granted where the strict enforcement of the literal provisions of the <br />ordinance would cause "undue hardship". The granting of a variance shall only occur <br />when it can be dcmonstrated that such an action will be in keeping with the spirit and <br />intent of the ordinance. <br /> <br />3.10 "Undue hardship" as used in connection with the granting a variance means the property <br />in question cannot be put to a reasonable use ifused under conditions allowed by the <br />official controls, the plight of the land owner is due to circumstances unique to the <br />property not created by the land owner, and the variance, if granted, will not alter the <br />essential charactcr of the locality. Specifically to this request: <br /> <br />A. The property in question cannot be put to a reasonable use ifused under <br />conditions a/lowed by the official controls: The City staffhas determined that the <br />property cannot be put to a reasonable use under the official controls. The <br />Petersons are unable to have adequate privacy from the National Guard property <br />and North McCarrons Boulevard without construction a taller fence. <br /> <br />PF3321 - RCA (072301) Page 2 of 4 <br /> <br />\ <br />
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