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Board of Adjustment Meeting <br />February 7, 2023 <br />Page 4 <br />Conditions <br />1. There shall be no future expansion of the residence structure footprint for which all structure <br />setbacks cannot be met for that portion of the addition. <br />Findings <br />1. The request for variance is in harmony with the general purposes and intent of site <br />improvement regulations contained in the Zoning Ordinance 1710 Exhibit 9B and the <br />Subdivision Ordinance 1315 Exhibit 9A; and will protect the character of the immediate <br />vicinity of the area. <br />2. The approval of the plat for this property allowing the residence property to be sold separately <br />from the restaurant will assure the continued reasonable use of the property for commercial <br />purposes. <br />3. There are special and unique condition(s) of restricted area, shape, topography, or physical <br />features that exist on the subject parcel of land, which are not applicable to other parcels of <br />land in the Commercial Zoning District, and which cause unusual and practical difficulty or <br />unnecessary hardship to the use of the property with site improvements permitted by the <br />ordinance with the provision sought here to be varied. The residential lot was previously <br />created, consistent with the adjoining residential lot, but was not platted separately from the <br />commercial site. <br />4. The hardship sought to be avoided is not the result of (a) the applicant's own actions (self- <br />imposed or self-created), and (b) the applicant has not stated that there is an economic or <br />financial hardship for the residential lot to be split off from the commercial property in <br />compliance with ordinance requirements. This alone, is not justification for approval of the <br />variance, but rather it is based upon existing site improvements which seek no change or <br />modification in the request for new construction. A financing restriction for the residence on <br />a separate parcel may also be imposed by a buyer's lender. <br />5. The provision of the ordinance regulation that are sought to be varied, deprive the applicant of <br />reasonable rights to use the property that are commonly enjoyed by other older residential <br />properties in the Residential Zoning District which are required to comply with these same <br />ordinance provisions. There is also an economic impact upon the land owner in this case given <br />the need to separate the residence from the commercial property. <br />6. Adjournment. <br />APPROVED THE 4TH DAY OF APRIL, 2023. <br />t f <br />Chairperson <br />