Book #80 #98-100 to #98-190 5-12-98 to 9-22-98

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Page 4 • trees proposed along County Road D. These species will have a difficult time surviving this location given their exposure to the winter sun and salt from the roads. Summit Ash or Green Spire Lindens are recommended as replacement species. 5. Other Considerations: None STAFF COMMENTS Variance The applicant is requesting a variance to Section 11-020.(f)of the Zoning Ordinance,which restricts the side yard setback for off-street parking and drive aisles abutting residentially zoned property to a minimum of twenty-five(25)feet. As demonstrated on the attached site plan,access is gained to the site via an existing driveway from the multiple family residential development to the north and west. PDQ has an access easement over this area to maintain their access,and are in negotiations with the owner of the apartment to purchase this thirty(30)foot wide easement area. The requested variance is from this side property line. In considering an application for a variance,the City must make the following findings: 1. An undue hardship would be brought upon the applicant, should the variance be denied. 2. There are unique circumstances related to this site. 3. The request is in conformance with the Comprehensive Plan. • 4. The variance shall not be detrimental to adjacent property or to the public as a whole. In this instance a case may be made to meet the above findings. If the City were to deny the request,the applicant would have to significantly reduce the size of the facility(over 1,000 square feet),and at least one(1)of the pump islands would have to be removed. Additionally, the green area would have to be extended over land that is currently not owned by the applicant in order to meet the required setback. The applicant is trying to purchase this easement area, and if this easement is legally controlled by PDQ, the required setbacks could be met with an expansion of the center landscape island between the two driveways. This site is unique to other properties within the B-3 Zoning District,due to the fact that the required setback is from land over which the applicant holds an easement for access, therefore,if the City were to grant approval of this variance, it would not be setting a precedent for similar requests. The proposed use is consistent with the allowed uses within the B-3 Zoning District,and is consistent with the commercial land use which is designated for this site within the Comprehensive Plan. Additionally,the proposed redevelopment will not be detrimental to the adjacent properties and surrounding area. 111111 G:\C D1-98-CC\REPORTS\CARY\PDQ.WPD