Agenda - Council - 08/18/1981 - Special

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Findings of Fact Moroz Hardware 1) That the applicant has properly applied for a Board of Adjustment variance as required by City Ordinance to place gasoline 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 th~ 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 aite plan is hereinafter referred to ss 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 s'etback would not allow for adequate traffic movement adjacent to the existingbuilding~ 'However, the applicant does have adequate properties adjacent to his existing structure to facilitate his proposal in compliance with City Ordinance as shown on ~xhibit "A". . o - ~)~ That such a Variance is necessary for substantial property right similar to other properties is the same zoning .district inasmuch as.other '~s~m~lar operations were not r~quired to maintain the minimum setbacks as required by ordinance. ?) That the authorizing of ~uch a variance shSuld' 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 norm~ operatica~. However, during the hours of peak operation at adjoining businesses or winter months, traffic co~lgestion 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 E~e reasonable the foAEulation of a general regulation for such Conditions o? situations." 9) ~hat the granting of this variance observes ~he spirit smd 'intent of this ordinance, produces.substantial justice and is not contrary to the public interest. · 10) That the pump locations as proposedwill not affect any future ~roadway construction.