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Request by Robert Kubiak and John Trojan, The Tribute Companies, for a side yard setback variance for a storage building located at 10700 W. Capitol Drive
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Submitted by:
Art Pinon
Department:
Development
A. Issue
The applicant is requesting a variance from the required side yard setback to allow an addition to an existing casket storage building located at 10700 W. Capitol Drive in the Special Purpose - Parks & Open Space (SP-POS) District.
The SP-POS District requires a minimum side yard setback of 100 feet. The proposed addition would have a side yard setback of 66.7 feet. The existing building is currently located 81.7 feet from the side property line. All other applicable setback requirements are being met.
Attached to this report are the applicant's project description, variance justification addressing the criteria in WMC 24.16.060.H, site plan, and survey exhibits.
B. Recommendation
The standard four criteria should be applied to make the determination for the requested variances:
1. Exceptional circumstances do exist pertaining to this lot.
2. That a variance is necessary for the preservation and enjoyment of the property rights possessed by other properties in the district and vicinity.
3. That the variance will not create special detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this or to the public interests.
4. That the difficulty or hardship was not created by the property owner.