VARIANCE STAFF REPORT

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Silas Austin Fleming
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2017-V-50 Page 1 of 8 VARIANCE STAFF REPORT Docket Number: 2017-V-50 Applicant/Property Owner: Spirit Master Funding, LLC 2001 Joshua Road Lafayette Hill, PA 19444-2431 Public Hearing Date: December

1 2017-V-50 Page 1 of 8 VARIANCE STAFF REPORT Docket Number: 2017-V-50 Applicant/Property Owner: Spirit Master Funding, LLC 2001 Joshua Road Lafayette Hill, PA Public Hearing Date: December 14, 2017 Pre-Application Conference: November 14, 2017 Location of Property: 990 Pedigo Way PVA Parcel Number: 052A-04B-007 Current Zoning: (Light Industrial) Existing Land Use: Industrial Property Size: /- Acres Traffic Considerations: The property has frontage on Pedigo Way, a City maintained urban local roadway, with 50 feet of rightof-way and 30 feet of pavement width. Description of Request: The applicant is requesting three variances: A variance of 7.5 feet from the required 10-foot average landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; A variance of 2.5 feet from the required 5-foot minimum landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; A variance of 22.5 feet from the required 25-foot side yard setback adjacent to a residential district/use, for the side yard setback to be 2.5 feet.

2 2017-V-50 Page 2 of 8 ZONING ORDINANCE REFERENCE The provision of the Zoning Ordinance from which this variance is requested is referenced in Article 4: Section D.2 Buffers between incompatible land uses: All buffers between incompatible land uses must be an average of ten feet in width with the minimum dimension being five feet. Section C.1 The District shall require a 25-foot side and a 40-foot rear yard where abutting a residential district/use. VARIANCE FINDINGS KRS Findings necessary for granting a variance: (1) Before any variance is granted, the board must find that the granting of the variance will not adversely affect the public health, safety or welfare, will not alter the essential character of the general vicinity, will not cause a hazard or a nuisance to the public, and will not allow for an unreasonable circumvention of the requirements of the zoning regulations. In making these findings, the board shall consider whether: (a) The requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; (b) The strict application of the provisions of the regulations would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; and (c) The circumstances are the result of actions of the applicant taken subsequent to the adoption of the zoning regulation from which relief is sought. (2) The board shall deny any request for a variance arising from circumstances that are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought. The applicant submitted the following narrative to address items a, b and c, listed above: Since the original building was constructed, a new landscaping ordinance has been adopted creating the required 10 buffer between adjacent uses. The applicant is wanting to expand out the rear of the building, keeping with the same existing site. Granting this variance will allow the existing building to be brought in conformance with the new landscaping ordinance.

3 2017-V-50 Page 3 of 8 STAFF ANALYSIS As mentioned previously, the applicant is requesting three variances: a variance of 7.5 feet from the required 10-foot average landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; a variance of 2.5 feet from the required 5-foot minimum landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; a variance of 22.5 feet from the required 25-foot side yard setback adjacent to a residential district/use, for the side yard setback to be 2.5 feet. The existing building is nonconforming and the purpose of the variance for the building setback is to bring the property into compliance, even though the building expansion wouldn t be creating a greater nonconformity. The building expansion would, however, create the need for additional landscaping to be installed, which is why the other two variances are being requested. If this variance application is approved, the site will be developed as shown on the attached exhibit.

4 2017-V-50 Page 4 of 8 MOTIONS MOTION TO APPROVE THE VARIANCE REQUEST: I make the motion to approve the request for a variance at 990 Pedigo Way, docket number 2017-V-50: A variance of 7.5 feet from the required 10-foot average landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; A variance of 2.5 feet from the required 5-foot minimum landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; A variance of 22.5 feet from the required 25-foot side yard setback adjacent to a residential district/use, for the side yard setback to be 2.5 feet. The testimony presented in this public hearing has shown that the granting of this variance will not adversely affect the public health, safety or welfare; will not alter the essential character of the general vicinity; will not cause a hazard or a nuisance to the public; and will not allow an unreasonable circumvention of the requirements of the zoning regulations. MOTION TO DENY THE VARIANCE REQUEST: I make the motion to deny the request for a variance at 990 Pedigo Way, docket number 2017-V-50: OR A variance of 7.5 feet from the required 10-foot average landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; A variance of 2.5 feet from the required 5-foot minimum landscape buffer between incompatible land uses, for the landscape buffer to be 2.5 feet; A variance of 22.5 feet from the required 25-foot side yard setback adjacent to a residential district/use, for the side yard setback to be 2.5 feet. Sufficient testimony has not been presented in this public hearing that the requested variance meets the criteria set forth in KRS , "Findings necessary for granting variances," as: (Choose one or more appropriate finding(s) and specific items) will adversely affect the public health, safety or welfare. will alter the essential character of the general vicinity. will cause a hazard or a nuisance to the public will allow an unreasonable circumvention of the requirements of the zoning regulations. The proposed development plan does not show that the requested variance arises from special circumstances which do not generally apply to land in the general vicinity, or in the same zone; The proposed development plan does not show that the regulation would deprive the applicant of the reasonable use of the land or would create an unnecessary hardship on the applicant; The circumstances are the result of willful violations of the zoning regulation by the applicant subsequent to the adoption of the zoning regulation from which relief is sought.

5 2017-V-50 Page 5 of 8

6 2017-V-50 Page 6 of 8 HB PETTY DR HB PEDIGO WAY AVALON CT RM-4 BRYANT WAY EXISTING ZONING V - 50 WINNERS CIR RM-3 AG CB HB HI NB OP-C R-E RM-4 RR RS-1C RS-1D F GB OP-R RM-2 RS-1A MHP P RM-3 RS-1B Feet

7 2017-V-50 Page 7 of 8 PETTY DR PEDIGO WAY AVALON CT BRYANT WAY EXISTING LAND USE V - 50 WINNERS CIR AGRICULTURAL COMMERCIAL INDUSTRIAL PUBC-INSTITUTIONAL MULTI-FAMILY RESIDENTIAL SINGLE-FAMILY RESIDENTIAL PUBC VACANT Feet

8 2017-V-50 Page 8 of 8 PETTY PETTY DR DR PEDIGO WAY AVALON AVALON CT CT AERIAL V Feet

VARIANCE APPLICATION Type A B C (circle one)

VARIANCE APPLICATION Type A B C (circle one) Baker City Hall File No. 1655 First Street, Suites 105/106 Applicant P.O. Box 650 Received by Baker City, OR 97814 Date (541) 524 2030 / 2028 Accepted as Complete by FAX (541) 524 2049 Date Accepted as