Resolution Zoning 12-Z-131 - Laserfiche WebLink

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September 7, 2012 Page 5 (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 zonin district under the terms of this chapter and works unnecessary and undue hardship on th applicant; The interpretation and application of the standard off- treet parking requirements to the Applicant's proposed use would result in an undue hardship o the Applicant. The Applicant's use is unique in comparison to other religious facilities bec use 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 "average" religious facility. (4) The alleged hardship is not economic d has not been deliberately created to establish a use or structure, which is not otherwis consistent with the LDRs; The alleged hardship is not economic. In ct, as stated above, the Applicant is proposing to pay the City mitigation for 26 off-site parkin spaces, which when combined with the on-site parking, will satisfy the Proposed Project's exp cted parking demand. Also, the Proposed Project and the Proposed Building are otherwise con 'stent 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; i Other owners of land and/or tructures in the same zoning district do not have similar, unique use and parking demand characteristics regarding their land uses and/or property because they are not used as an Orthodox Jewish religious facility. (6) The variance, if granted, is the minimum variance that makes possible the reasonable use of the land, building or structure; and The Applicant has maximized the number of parking spaces that can be provided on-site and is utilizing the adjacent off-site parking spaces to satisfy what is expected to be the "real" parking demand for the Proposed Project. Therefore, the variance requested is the minimum variance needed. (7) The grant of the variance is in harmony with the general intent and purpose of these LDRs, is not injurious to the neighborhood, or otherwise detrimental to the public safety and welfare and will not substantially diminish or impair property values within the vicinity. III {25095027;1}