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<br />. <br /> <br />VN-204, LP-82 <br />Page #2 <br /> <br />can allow a modification of the literal provisions of the <br />ordinance by granting a variance if the applicant demonstrates <br />that there are undue hardships or unique circumstances relating <br />to the property. <br /> <br />The applicant has noted the following as reasons warranting the <br />variance request: <br /> <br />1. That the street alignment with the curve mandates that <br />if a thirty (30) foot front yard setback is to be <br />maintained and with the proposed size of the building, <br />the building has to be located as shown with only a <br />thirteen (13) foot side yard setback. <br /> <br />2. That with the size of the parcel to allow for parking <br />spaces the applicant cannot provide for the required <br />twenty-fiv~ (25) foot buffer zone on the west and <br />north sides of the property. <br /> <br />3. With the provision of the five (5) foot buffer zone <br />and the size and location of the building, the site is <br />not large enough to accommodate the 56 parking spaces <br />requ ir ed . <br /> <br />4. That the site plan submitted illustrating what the site <br />would look like if developed meeting all code requirements <br />indicates that such a small building area would not be <br />economically feasible in comparison to land costs. <br /> <br />5. That the parcel was recently rezoned by the city Council. <br />The Comprehensive Plan designates a Limited Business <br />category for the adjacent properties and if zoned B-1 <br />the need for a variance for side yard setback and the <br />buffer zone would be eliminated. <br /> <br />6. That the applicant has submitted a petition indicating <br />neighborhood support of the project. <br /> <br />The above mentioned reasons indicate that the unique circumstances <br />and hardships are present to warrant the granting of a variance <br />for a lesser sideyard setback and less than the required buffer <br />zone. If the adjacent properties were not residential districts <br />the applicant could meet all code requirements except for the <br />required parking spaces. The applicant by eliminating the <br /> <br />five (5) foot buffer strip and by moving the building to the west <br />to the five {5} foot side interior setbac~ as required if adjacent <br />properties were zoned commercial could possibly redesign the <br />