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.~ DATE: July 21, 1970 CASE NUMBER: VN-68 APPLICANT: J. O. Koontz LOCATION: Northeast quadrant of the Intersection of Highways 694 and Old Highway 8 (See Map). REQUEST: Variance to allow parking in front of building PLANNING CONSIDERATIONS: The present zoning of the property in question is I-2 Light Industrial, under Section 10-090 AREA HEIGHTS FRONTAGE AND YARD REQUIREMENTS, INDUSTRIAL DISTRICTS I-1 and I-2. A front yard setback of 40 feet is required. Further, para- graph h of Section 10-090 requires that "...the front yard and~or any side yard bordering on a street shall be lands Gaped and shal I not be used for parking" . The property according to the description measures 340 feet by 50 feet and has presently a substantial setback from Old Highway 8, 160 feet and the new addition to the structure for which a permit has evidently been issued will bring the front line of the structure to a 100 foot setback I ine. Assuming that this setback is measured from the right-of-way line of the highway it is evident that this setback substantially exceeds the front yard requirement for the zoning district. It appears that the petitioners proposal is to provide a landscaped front yard area which meets the 40 foot front yard requirement and provide parking space between that area and the front of the business structure. If no other space on the parcel can be used to provide parking area and this would appear to be the case, a legitimate hardship could be found to exist. Under Section 2-700 definition of variance the zoning ordinance indicates that a variance is not justified unless three elements exist in the case. These are: (a) undue hardship, (b) unique circumstances, and (c) applying to property. As a general rule a variance should be granted if the re- fusal to grant such variance would deprive the property owner of substantial use of his property. It is recommended that if the variance is to be granted it be granted only upon the receipt and approval of an adequate site plan and landscape plan showing the layout of the parking lot and the landscaping of the required front yard area. Further it is recommended that a landscape screening be provided between the yard and the park- ing area to obscure the view of the parking area from the roadway. / v D ~t( - TG ~ /~CGf ~" C / . /G ~, ~SGc// !~ / ~t ri. .~w b Sc. /S S ~ ~ ~. 5,~~.~ r~uti ,~w~/~~,~y