Resolution Zoning 12-Z-131 - Laserfiche WebLink

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September 7, 2012 Page 4 The use of the Proposed Project as a place of worship for the Orthodox Jewish congregation is unique because followers of the Orthodox Jewish faith typically do not drive themselves to religious services on the Sabbath due to prescriptions of Jewish law. This results in a parking "demand" for Orthodox Jewish facilities that is much lower than a non-Jewish religious facility. The Rabbi of the congregation estimates that only approximately 40% of the congregation drives themselves to worship services on the Sabbath. The use of the Proposed Project is unique and is not applicable to other structures in the same zoning district. Further, the Property is located at the far western end of Bella Vista Island, relatively isolated from the rest of the City, and the Property is very small - 0.4 acres of dry uplands - therefore the ability to provide parking on-site is limited. (2) The special conditions and circumstances do not result from the actions of the petitioner; The special conditions of Orthodox Jewish law prohibiting driving on the Sabbath do not result from the actions of the petitioner. Also, the Property's isolated location and small size do not result from the actions of the petitioner. (3) Literal interpretation of the provisions of these LDRs deprives the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and works unnecessary and undue hardship on the applicant; The interpretation and application of the standard off-street parking requirements to the Applicant's proposed use would result in an undue hardship on the Applicant. The Applicant's use is unique in comparison to other religious facilities because Orthodox Jewish law prohibits congregants from driving themselves to worship services on the Sabbath, resulting in a parking demand for the Proposed Project that is much less than an "average" religious facility. (4) The alleged hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDRs; The alleged hardship is not economic. The hardship is based on the small size of the Property and the unique religious observations of the congregation of the Proposed Project, which prohibit the personal use of automobiles on the Sabbath. Also, the Proposed Project and the Proposed Building are otherwise consistent with the LDRs. (5) Granting of the variance requested conveys the same treatment to the individual owner as to the owner of other lands, buildings or structures in the same zoning district; Other owners of land and/or structures in the same zoning district do not have similar, unique land uses and parking demand characteristics regarding their land uses and/or property because they are not used as an Orthodox Jewish religious facility. (25148759;1)