Agenda - Council - 07/22/1980 - Laserfiche WebLink

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Findings of Fact Moroz Hardware l) That the applicant has properly applied for a Board of Adjustment variance as required by City Ordinance to place £asoline pumps nearer the front property line than required. 2) That the applicant appeared before the Board of Adjustment for a public hearing pursuant to the City Ordinance on July 8, 1980. That said public hearing was properly advertized and the minutes of said public hearing are hereby incorporated as a part. of these findings by reference. 3) That no objections were received to the applicants request either in writing or at the public hearing. 4) That the applicant has submitted a site plan for the development in question. Said site plan is hereinafter referred to as Exhibit "A" and is hereby incorporated as a part of these findings. 5) That there are unique circumstances that apply to this property that do not apply to other properties in the zoning district inasmuch as place- ment of the gasoline pumps at the required setback would not allow for adequate traffic movement adjacent to the existing building' 'However, the applicant does have adequate properties adjacent to his existing structure to facilitate his proposal in compliance with City Ordinance as shown on Exhibit "A". 6) That such a variance is necessary for substantial property right similar to other properties is the same zoning .district inasmuch as other similar operations were not required to maintain the minimum setbacks as required by ordinance. 7) That the authorizing of such a variance sh6uld' not be of substantial detriment to adjacent properties and should not materially impair the intent or purpose of this ordinance or %.he public interest during hours of normal operation. However, during the hours of peak operation at adjoining businesses or winter months, traffic congestion could pose some problems. 8) that the condition or situation of the specific piece of property or intended use is not so general or recurrent a nature as to make reasonable the formulation of a general regulation for such Conditions or situations. 9) That the granting of this variance observes the spirit and intent of this ordinanc, e, produces substantial justice and is not contrary to the public interest. lC) That the pump locations as proposed will not affect any future roadway construction.