|
Falcon Oil -6-
<br />3. The cost of moving the pumps 8 feet is $10,500. The cost
<br />does not appear to be great in relation to the value of the
<br />property and the cost of the canopy materials, excluding the
<br />cost of installation of the canopy. In any event, such costs
<br />are not related to the unique character of the land, they are
<br />related to applicant's individual situation.
<br />4. It is also stated that the $10,,500 cost is a hardship in view
<br />of applicant's declining business. There is no information
<br />concerning applicant's financial condition, the decline in
<br />its business or the reasons therefore, but these factors are
<br />unique to applicant and not the land, except as it may relate
<br />to the need for a canopy.
<br />5. There is no evidence that the value of the land will be impaired
<br />without the canopy or that a canopy is essential to the operation
<br />of a service station. To the contrary, applicant has operated
<br />eight years without a canopy and most service stations in New
<br />Brighton do not have canopies. The only protection afforded by
<br />a cnopy if from precipitation. Precipitation has not been a
<br />serious weather problem since applicant converted to a self-
<br />...;.service station. The stated decline in its business, while not
<br />shown, may be due to other and different reasons than the lack
<br />of a canopy.
<br />6. The.,acqu escense of some of the nearby property owners has-been
<br />onsidered.. Only, one of these persons will be in,_ d,ire.ct vdsual
<br />c
<br />contact withthe- canopy., Even if', they were, .the_ consent of,
<br />adjoining .property owners:. standing alone cannot confer. a
<br />special -privilege in the,absence-- of a;show.ng of the warrants
<br />required by the ordinance. in addition, whether or not there
<br />i_on t_o iz iWi,i y .eon.' determined,, from
<br />will- be an obstruct
<br />the,, Present record, bat applicant has_ 4 burden., to, show more rn
<br />this pgi.nt than. the ops.n bns.l of- neighbor?,ng landowners..
<br />7. A canopy-, is a structure within. thee. ,mea inga of ;the,. ordinance
<br />and.. must., comply with ;the 30.foot setback requirements` for
<br />structures. The canopy should also be considered in deter-
<br />mining floor,, .area, ratios:.
<br />0. The amount ($14,-0010,), that-. the- app,l- ant has_.ti spent-. on a custom.
<br />-be considered
<br />made, canopy s due to ?#:sn pwn;:err-o -arid that ca
<br />in determining hardship or unique i.rcumstancejwitlin the meaning
<br />of the. ordinance;.. ,!. .Increasing` the, cost of, ppgr?, t 011 in this,
|