Variance-Expand Non-conforming Use• March 13, 1985
Case No: 85 -09
Applicant: Rapid Oil Change
Location: 1124 East Excelsior Avenue
Request: Variance to Expand Non - conforming Use
STAFF FINDINGS & COMMENTS: Anderson
I. Applicant is requesting a variance to expand a non - conforming use. The
subject site is located at 1124 East Excelsior Avenue, the present site
of Rapid Oil Change, Inc. The site is zoned B -3.
2. The applicant is proposing to construct an 18'x28'8" addition to the
current building. The addition will be used as a third bay, and be
constructed of 8" masonry walls.
3. Ordinance 427.35 requires a side yard abutting an R district to have the
same requirements as that R- district. The sideyard setback for an R -1 -C
district is 10 feet. The building currently has a side yard of approxi-
mately two feet. The proposed addition will follow the existing building
line.
4. There is currently open land to the south of the existing building.
5. Ordinance 427.23 states that variances shall be approved only by circum-
stances unique to the property under consideration would cause undue
hardship to the owner. The applicant has stated "that the present plat
and building location makes it impossible to expand the building without
a variance. As the present user we had no control over the previous plat-
building location and change in city setback requirements ".
6. The applicant has contacted the neighbors; none were opposed to the proposed
addition.
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FOR VARIANCE APPLICATION ONLY
NOTE: The purpose of a variance is to provide relief to a property owner when
the strict enforecment of the Zoning Ordinance would cause an undue hard
ship to the property owner or deny reasonable use of the property.
Har�dshi to the applicant is the crucial test. Variances will be granted
only in unusual situations which were not foreseen when the Zoning Ordin-
ance was adopted. Economic situations are seldom unique and are rarely
considered a valid hardship.
Hardship A.
Explain why strict enforcement of the Zoning Ordinance would cause undue
hardship:
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Conditions B.
What are the special conditions (shape of lot, exceptional topographic
conditions, etc.) of this request that are unique to this property and
do not apply generally to other properties in the district?
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List of Homeowners
Contacted by Applicant C.
Submit a list of names and addresses of neightobrs contacted.