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Staff Decision (1250)
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Staff Decision (1250)
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Last modified
10/2/2012 3:06:56 PM
Creation date
10/30/2024 2:51:24 PM
Metadata
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Template:
Land Use
Case_Number
00-002
Land Use Type
Adjustment
Tax_Lot_Number
072w30db8200
Document_Type
Decision
Site_Address
438 LANCASTER DR NE
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5.All contacted agencies either failed to respond or stated no objection to the proposal at the <br />time this report was written. <br />6.Because this proposal reduces a quantifiable Ordinance standard by more than 20%, this <br />request is classified as a Major Adjustment. <br />7.The decision criteria for a major adjustment are found in Section 41.04. These criteria <br />include: <br />(a) The degree of adjustment from the standard is the minimum necessary to permit <br />development of the property for the proposed use; and <br />(b) The adjustment will not have a significant adverse affect on property or improve- <br />ments of the neighborhood of the subject property; and <br />(c)The adjustment will not have a significant adverse affect upon the health or safety <br />of persons working or residing in the vicinity; and <br />(d)The adjustment will maintain the intent and purpose of the provision being ad- <br />justed. <br />8.The applicants indicate that the adjustments are “...crucial to the useful development of the <br />site in designing the proposed building.” Section 30.18(b) requires a 24 foot easement for <br />driveways with parking adjacent on one or both sides. The applicants stated that the <br />existing roadway easement has adequately served the two existing dental clinics behind the <br />subject parcel for years. The driveway is fully developed with paving and concrete curbs <br />in parking areas. The additional 4 feet added to the easement would reduce the buildable <br />width of the parcel to a point that would impose serious design difficulties to the clinic <br />plan. Due to the rectangular configuration of the parcel it is not possible to obtain the <br />necessary floorspace and still meet landscaping and parking requirements. It is also <br />necessary to reduce the required 12 foot setback requirement between the building and the <br />access easement in order to provide the required parking for the dental clinic. It appears <br />that in order for the building to be constructed, required parking established, and to <br />function at the potential desired the, adjustment is the minimum necessary. The criterion in <br />7 (a) is satisfied. <br />9.There is no evidence to indicate that the adjustments will have any adverse affects on the <br />subject or neighboring properties. In addition, the affect on the health and safety of <br />persons working and residing in the area will be negligible. The proposal meets 7 (b) and <br />(c). <br />10.The purpose statement of the CO zone indicates that it is a transitional zone between <br />residential uses and intensive commercial uses. The provisions found in Section 5.13(a) <br />and Section 30.18(b) are to provide an additional buffer for adjacent residential uses from <br />taller commercial buildings, and to provide adequate space for vehicular traffic. In this <br /> <br />
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