July 12, 2022 PZ Agenda - Laserfiche WebLink

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Planningand Zoning Commission Minutes June 14, 2022 He saidandthenwith regard tothe perimeter parking areabuffer,we kind of have this unique situation where we have buffersupagainst buffersor we have abuffer against parking,andthen we have an additionalbuffer at the property line. So, it is almost like we have double levels of buffers because of parking. Parking isgoing to be screened and it is going to be buffered by the existing perimeter buffer. Just in case hedid not sayit before, we are going tomeet the standard for plantingwithin the bufferseven if thereare encroachments. You can see on this plan the buffer plantings shown here are thebuffer plantings that would be required under code. So, even if there is some encroachmentfrom this walking trail, it does not impact our ability to meet the planting standards and planting requirements under the ordinance. As you can see here, we are going to meet allon the eastern portion of this site. We are going to meetallof the planting requirements forthe 51-footbuffer,but we have this unique situation where we also having parking. The parking also requiresan additional eight-footbufferwhich we can meet the planting for thatalso.But,in order to shiftthe walking trail back from the property line and beyond the plantingarea,the walking trail best location is to be adjacent to the parkingand that does impact some of the buffer planting. However, we will be able to compromise in other areas,beyond the walking trail we can include more plantings. The planting requirements can be met,but this is the area that he notesin his comments where we have this unique double buffersituation, where we have buffer upagainst buffer. In the front here,wehavebuffer up against buffer and on the side,we have buffer against buffer, so there is no placewhere there is going to be an open obvious gapwhere there would not be buffering along the parking buffer and the perimeter buffer. They are going to back up toeach other and provide really kind of a double buffer for this site. Mr. Murray said when he gets into variance cases,he always like to review the variance standards, come straight out of statute.He also prepareda proposed finding and conclusion for the Board that he would like to pass up. On the variance standardshere,it is important to recognize what the statute says, and it says the Board of Adjustment shall vary any of portionsof the Zoning Ordinance upona showingof all of the following. So,the first step is showing of evidenceonunnecessary hardship. The second is ashowingof evidence on conditions peculiar to the property;meaningthings related to the land. Third is that it is not a self-createdhardship, so it is not a result of actions taken by the applicant or the property owner. However, buying property with knowledge that in the future you may need a variance cannot be held against an applicant. Finally, is really kind of what we call the balancing test, which is thatit is consistent with the intent of the Ordinance such that public safety is secured and substantial justice is achieved. So, it is thebalancingbetween reducing the requirements of theOrdinance versus the property ownersrightto free use of their property.As zoningordinances are inderogation of the free use of property, the last step is that balancing test. 16