Resolution - #04-12-359 - 12/02/2004

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o 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. That the Applicant has stated the variance requested is the minimum variance needed to alleviate the hardship. That on May 6 and May 11, 2004, the Planning Commission and City Council approved the sketch plan for the development of the Subject Property with multiple buildings, two of which would not be located within 15 feet of the front property line. That on July 12 and July 27, 2004, the Planning Commission and City Council approved the preliminary site plan for Phase 1 of the development plan for the Subject Property with the grocery store and the pond building notplaced at the front property line. That on July 27, 2004, the Board of Adjustment granted the Applicant a variance to the front yard setback to construct a grocery store that would be located approximately 300 feet from the front property line on the Subject property: That on August 6, 2004, the Board of Adjustment granted the Applicant a variance to develop the Subject Property with multiple buildings. That on October 22, 2004, the City Council granted final site plan approval to Phase 1 of the development plan for the Subject Property, and said site plan identified the future construction of a building adjacent to the pond, approximately 180 feet from the front property line. That if granted, the variance will not permit a use that is prohibited in the TC-2 Town Center Commercial District. That if granted, the variance will not impair an adequate supply of light and air to adjacent property. That if granted, the variance will not endanger the public safety. That if granted, the variance will not unreasonably diminish property values in the neighborhood. That if granted, the variance will not violate the intent of the Comprehensive Plan. That, if granted, the variance will not grant the Applicants any special privilege that is denied to other owners of land in the same district. That undue hardship will result if the variance request is denied due to the existence of special conditions and circumstances which are peculiar to the land and which are not applicable to other lands in the same district. RESOLUTION #04-12-359 Page 2 of 3