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VN-99 - Paron <br />Feb 13 <br />p. 2 <br />shape and the'required sideyard setbacks it would be hard to provide <br />the,required;parkng. He stated that=he believed; a court would find <br />a denial of,the requested.variance to be depriving, the petitioner of <br />the=use of his property. He stated that the petitioner is requesting <br />a"variance from the,provisions of the Zoning.Code which` forbid parking <br />in front-yards and in street'sideyards in industrial districts. <br />(Section i07110, h). <br />The Planner,reviewed the criteria which had to be met for a variance <br />to be granted. <br />Daniels commented that the request:seems to meet the criteria for <br />hardship: <br />PLANNING COMMISSION RECOMMENDATION: January 16, 1973 <br />Motion by Daniels, seconded by Partyka to recommend approval of VN-99. <br />Motion carried 5-0 <br />ADMINISTRATIVE DISCUSSION: <br />The property in question was at one time a triangularly shaped parcel; <br />however, due.to Village road construction the corner at the intersection} <br />of F=irst Avenue N.W. and Old Highway No. 8 was cut off and as a:result <br />the property was turned into a 4-sided parcel. ? The new side which was <br />created would be considered the front lot line because it is the <br />shortest' street side. Previous to the road cgnstruction, First Avenue <br />N.W. would have been the front lot line. The Attorney seems to be of <br />the opinion that Old Highway 8 would reasonably be considered the <br />fromt. <br />Whichever side is considered,as the front, a variance is needed to <br />permit parking in the front and side yards. A variance would be needed <br />even if the Lot had not been changed from three to four sides as a <br />result of village action. <br />The proposed site plan shows 38 parking stalls. If the shortest side <br />(northerly side) is considered the front lot line only 13 spaces <br />(along the south lot line) would be permitted without variance. If <br />: the First Avenue:N.W. side is considered the front lot line, the <br />same parking spaces would be permitted. If-' Old 8 is the front lot <br />line, 16 spaces along the south property line would be permitted. <br />While the building and plot plans are not being reviewed at this time, <br />,we feel the Council should consider the total number of parking spaces <br />required and their relationship to the outdoor display area According <br />to our calculations, the proposed building could need considerably