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Page 2 of 4 ,, ,. <br /> 2. "The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner." ' <br /> The City's right-of-way requirement for Outiot A is the subject of this variance <br /> • request. The street or pavement section will remain the same regardless of the <br /> right-of-way. The subject property is surrounded by public right-of-way on three <br /> (3)sides (1)Trunk Highway 12 to the north; (2) Old Crystal Bay Road to the West; <br /> and (3) Interstate 394 right-of-way to the south. Each of these roadways, or right- <br /> of-ways are managed and regulated by State and local governments that have <br /> access spacing requirements dictating the location and design of new roadways in <br /> the vicinity. These spacing requirements influence the proposed location (access) <br /> of the new public street(Outlot A). The landowner or developer has little or no <br /> influence on these roadway spacing requirements, and as a result on the proposed <br /> location of Outlot A. These spacing requirements have a limiting influence on the <br /> location of Outlot A on the north and south sides of the subject property. <br /> Also unique to the subject property and influencing the location of Outlot A is the <br /> presence of an existing building and associated parking. This building is located in <br /> the central portion of the site and will remain in its approximate configuration after <br /> the site has been fully redeveloped. Outlot A cannot access the property in the <br /> . middle because of this building location. <br /> The location of Outlot A is caused by circumstances other than the landowner or <br /> the developer. These circumstances are unique to this property;few properties in <br /> this zoning district are surrounded on three sides by public right-of-way. The <br /> • location of an existing buifding creates additional burden, and limits alternative <br /> right-of-way corridors for Outlot A. <br /> 3. "The variance, if granted, will not alter the essential character of the locality." <br /> The "essential character" of this area will not be altered in any fashion by the <br /> granting of the requested variance for a 50-foot right-of-way. The street section <br /> (pavement section)will not change as a result of granting the requested variance. <br /> Granting of the variance will allow the landowner and developer to accomplish the <br /> land use density and design standards of the City's Zoning Code for this area. <br /> 4. "Economic considerations alone shall not constitute an undue hardship if <br /> reasonable use for the property exists under the terms of the Zoning Chapter." <br /> As demonstrated in Questions 1 and 2, reasonable access to, and use of the <br /> property is currently endangered by the City's proposed right-of-way requirements <br /> for Outlot A, and by the existing right-of-way requirements of State and local <br /> governments. These are circumstances unique to the property and not the result of <br /> landowner or developer actions. Granting the variance will allow reasonable <br /> access to the property and reasonable use of the property. <br /> Crystal Bay Business Park June 19, 2006 <br /> Hardship Documentation Form/Variance Request <br />