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VARIANCE STAFF REPORT - warrenpc.org · VARIANCE STAFF REPORT Docket Number: 2018-V-06 Public...
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VARIANCE STAFF REPORT
Docket Number: 2018-V-06
Public Hearing Date: May 10, 2018
Pre-Application Conference: October 9, 2017
Applicants/Property Owners: Bowling Green Municipal Utilities (BGMU) c/o Emmett Wood 801 Center Street Bowling Green, KY 42102
Location of Development: 112 State Street
Current Zoning: LI (Light Industrial)
PVA Parcel Number: 039A-04-003
Existing Land Use: Commercial
Property Size: 0.957 +/- Acres Traffic Considerations: The properties have frontage on State Street, a City maintained urban local roadway, with sixty (60) feet of right-of-way and 30 +/- feet of pavement width. Description of Request: The applicants are requesting a variance of 9 feet from the required 25-foot front yard setback in the LI (Light Industrial) zoning district to allow a structure to be located 16 feet from the front property line.
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ZONING ORDINANCE REFERENCE
The provisions of the Zoning Ordinance from which this variance are requested are referenced in Article 4, Section 7.
Section 4.7.3.B Property Development Standards – The front yard setback in the LI (Light Industrial) zoning district is 25 feet.
VARIANCE FINDINGS
KRS 100.243 - 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 applicants submitted the following narrative to address items a, b and c, listed above:
“BGMU request an 8 foot variance from the 25 foot front yard setback requirement (per Article IV. Section 4.7.3B of the Warren County Zoning Ordinance) because its strict application will create unnecessary hardship for BGMU, the applicant. BGMU has begun design for expansion of the water treatment plant. In advance of construction, the BGMU Fiber Division’s Network Operations Center (NOC) must move. BGMU intends to relocate the NOC to the northwest corner of its property at 112 State Street. The NOC must be situated so as not to impede ingress and egress of BGMU’s water and wastewater Plant Maintenance’s vehicles and equipment, or their safe operation and movement on site. We propose to locate the NOC facility 20 feet from our property line (see accompanying drawings). If the 25’ front yard setback is enforced, locating the NOC at 112 State can’t be accomplished without impeding the flow of Plant Maintenance vehicles and equipment. The impediment would increase the possibility of onsite collisions between vehicles or between vehicles and equipment. The heightened safety risk is unnecessary because situating the NOC as BGMU proposes provides adequate space for vehicle and equipment maneuver on site without detracting from the safety of vehicle and pedestrian traffic along State Street.”
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STAFF ANALYSIS
As stated previously, the applicants are requesting a variance of 9 feet to allow the proposed building to be located 16 feet from State Street. The locations of the existing structures and the proposed building are shown on the attached Variance exhibit.
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MOTIONS MOTION TO APPROVE THE VARIANCE REQUEST: I make the motion to approve the request for a variance at 112 State Street, Docket number 2018-V-06: a variance of 9 feet to allow the proposed structure to be located 16 feet from the front property line. 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.
OR
MOTION TO DENY THE VARIANCE REQUEST: I make the motion to deny the request for a variance at 112 State Street, Docket number 2018-V-06: a variance of 9 feet to allow the proposed structure to be located 16 feet from the front property line. Sufficient testimony has not been presented in this public hearing that the requested variance meet the criteria set forth in KRS 100.243, "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.
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PARK ST
STATE ST
CHESTNUT ST
U.S. 31W BYPASS
COLLEGE ST
EAST 3RD AVENUEALLEY
SHORT AVE
OLD LOUISVILLE RD
EAST RIVERVIEW DR
EAST 2ND AVENUE
EAST 1ST AVENUE
MAX HAMPTON ST
ALLEY
EAST 2ND AVENUE
AGCBFGB
HBHILIMHP
NBOP-COP-RP
PUDR-ERM-2RM-3
RM-4RRRS-1ARS-1B
RS-1CRS-1D
200 0 200 400 Feet
EXISTING ZONING2018 - V - 06
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PARK ST
STATE ST
CHESTNUT ST
U.S. 31W BYPASS
COLLEGE ST
EAST 3RD AVENUE
ALLEY
SHORT AVE
OLD LOUISVILLE RD
EAST RIVERVIEW DR
EAST 2ND AVENUE
EAST 1ST AVENUE
MAX HAMPTON ST
ALLEY
EAST 2ND AVENUE
AGRICULTURALCOMMERCIALINDUSTRIALPUBLIC
PUBLIC-INSTITUTIONALMULTI-FAMILY RESIDENTIALSINGLE-FAMILY RESIDENTIALVACANT
200 0 200 400 Feet
EXISTING LAND USE2018 - V - 06
2018-V-06 Page 7 of 8