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Board of Adjustment Meeting <br />November 7, 2023 <br />Page 2 <br />Board Recommended Conditions <br />1. The site plan and analysis in this case supports approval of this variance according to the <br />required Ordinance provisions for the City's Board of Adjustment. <br />2. Staff recommends approval of the request based upon the following staff recommended <br />findings of fact. <br />Board Recommended FindiW <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 Lamar Avenue in this commercial corridor. <br />2. The site plan for the upgraded gas station and convenience store permits an improvement to <br />this area of the city to the greatest extent feasible given lot width constraints, conformity with <br />regulations assuring the continued reasonable use of the property for commercial purposes. <br />3. The physical constraints of the site, which is located between the driving areas, TxDOT <br />roadway, and a neighboring restaurant are special and unique condition(s) of restricted area, <br />shape, topography, or physical features that exist on the subject parcel of land, which are not <br />applicable to other parcels of land in the Commercial Zoning District, and which cause unusual <br />and practical difficulty or unnecessary hardship to the use of the property with site <br />improvements permitted by the ordinance with the provision sought here to be varied. <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 site improvements to be constructed in compliance with ordinance <br />requirements. <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 properties in the <br />Commercial Zoning District which are required to comply with these same ordinance <br />provisions. <br />S. Adjournment. <br />APPROVED THE 2nd DAY OF JANUARY, 2024. <br />r• <br />Chairperson <br />