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Page 5 with the City Code. These are merely "suggestions" and intended as a starting point in considering the Nonconforming Use Permit, and to reduce the site's nonconformities to the greatest extent possible. Variance The applicant is requesting a variance to Section 5-250.(d) of the Zoning Ordinance, which restricts the setback of a canopy within the B-3 Zoning District to not more than thirty (30) feet. 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 it is difficult to make the above findings, in particular, in regard to the hardship and unique circumstances. If the City were to deny the request, the applicant could still construct a canopy on the site with a 10 foot setback, therefore, reasonable use of the property would not be denied nor would a hardship be brought upon the applicant if the variance were denied. Additionally, this site is not unique to other properties within the B-3 Zoning District. There are several service stations within the City that are located on corner lots and zoned B-3, therefore, if the City were to grant approval of this variance, it would pave the way for other service stations to make a similar request for a variance to allow a 5 foot setback for their canopy. This would set a dangerous precedent, and would render the City's allowance fora 10 foot canopy setback by special use permit useless. RECOMMENDATION Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING DENIAL OF VN-318, DUE TO THE FACT THAT THERE IS NO HARDSHIP OR UNIQUE CHtCUMSTANCE TO WARRANT APPROVAL OF THE 25 FOOT CANOPY SETBACK VARIANCE. Motion to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF SP-204 SUBJECT TO APPROVAL AND COMPLIANCE WITH CONDITIONS OF LP-340 & NC-110. Motion to WANE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL OF NC-110 SUBJECT TO CONDITIONS. Motion to RECOMMEND APPROVAL OF LP-340 SUBJECT TO THE FOLLOWING CONDITIONS: 1. Perimeter curbing be installed per the attached "alternative site plan". 2. All off-street parking and drive areas be paved with bituminous surface. 3. Off-street parking stalls must be striped. 4. The 20 foot curb cut opening off of Old Highway 8, closest to the freestanding Mobil sign be eliminated. 5. Landscaping/green area be provided as shown on the "alternative site plan". (~~ Cary .Teague, City anner G:\CD\-98-PCWIOBILE.WPD