July 12, 2022 PZ Agenda - Laserfiche WebLink

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Planningand Zoning Commission Minutes June 14, 2022 He said for the unnecessary hardship piece of the puzzle, the200-footsetback wouldtotally eliminate any development on thissiteif it is applied.The buffer requirements have increasedon the site more thanwhat they would have been at the time that this was developed.This site was developed when it was just an indoor facility. He thinks his clients would agree,and he would agree,that if you were startingfrom scratch, you mightbe able toorganize this site a little bit differentlyandhavemaybethe building a little bit closer and have everything organized a little bit differently.Buttheexisting physical limitationson the site,with the building being in the middle of the site,withtheuniquelotlines,and theuniquelot shape, all are partsof and create the unnecessary hardshipon this site,and then also the portion about the unique circumstances with the double buffer with parking and perimeter buffer. The hardship runs with the land. This is not personal tothis applicant, anyone who purchasesthis property andowns this property thatwants to make use of the outdoor areasis going to have to come before this Boardfor a variance. The hardship is directly related to the unique shape of the lot, the location given that there are residential uses adjacent to this site that causedincrease buffers and setbacks, the size of thelot because the required setback almost totally covers the lot, as wellas thecurrentzoninguse setback andbuffer requirements just were not in existence when this site was originally developed. No self-created hardship, the applicantsdid not create a hardship here. We did not do something without a permit and come backandasking for forgiveness. This is the first step in the puzzle to do this the right way,isto get the variance.They arejustseeking to makethereasonablehighest and bestuse of the existing facility,which is to use those unused outdoor areas. The last step is thesecuring public safety and substantial justiceportion.The intent of the ordinance here,by having buffersand screening,is to screen residential uses and we are meeting those standards. The reason for the setback reduction,as he has said,isobvious sincenothing outdoorcan be developed with that in place. The buffer reduction or encroachment is onlyto allow certain paved at gradeuses to be within that buffer,structures are out. The most intensive outdoor structure,the Olympic pool, is positionedto the rear. We have looked at the Huntersville proposed plan,and he believes it shows common area to the north of this property.He thinkssomeone on this Board actually asked aboutshifting itto the rear. That is closestto the least intensive residential use that is proposedfor adjacent uses to this site. Finally, for safetyquestions and concerns, havingafencearound the pool area issolely for safetypurposes,and to meet code. He said Mr. Minier pointedthisout to him,that right now, because there arenowalking trails, people use the parking lotsfor walking areas. So,having this walking trailincreasessafetyby not having people walking in the parking lots. Now, they will have an actual trail to walk around instead of going inareas where people are parking and driving. 17