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Approved 811312018 <br /> code requirements ; <br /> Re-development of the property <br /> cannot comply with all applicable <br /> land use regulations ( i . e . the 25 ft . <br /> setback requirement , required <br /> number of parking spaces , drive- <br /> aisle width requirement , etc . ) <br /> without use of adjacent private <br /> roadway , which is no longer viable <br /> for use by the property owner. <br /> As a result the property cannot be <br /> re-developed and reasonable use <br /> cannot be achieved . <br /> 1 <br /> 2 <br /> 3 VOTE : UNANIMOUS <br /> 4 <br /> 5 Samantha Cabe asked for a motion regarding the second finding that the hardship results from conditions that are <br /> 6 peculiar to the property . <br /> 7 <br /> 8 MOTION by Barry Katz that there is a hardship due to topography and it has been demonstrated clearly that with <br /> 9 anticipation of using the private driveway, the applicant moved forward in good faith , but the shape of the parcel and the <br /> 10 existing building makes it impossible to comply without the variance or the driveway . Randy Herman seconded . <br /> 11 <br /> REQUIREMENT FUDO SUPPORTING EVIDENCE Staff BOA <br /> FINDINGS : <br /> In accordance with Section 2 . 10 . 3 of the UDO , the Board of Adjustment shall also consider the following before ' <br /> the application for a VARIANCE can be approved . <br /> Sec 2 . 10 . 3 ( B) Staff abstract package , Application Yes Yes <br /> The hardship results from narrative , copy of original approved <br /> conditions that are peculiar to site plan , and copy of revised site <br /> the property , such as location , plan denoting re- location of building <br /> size , or topography. Hardships demonstrating that : <br /> resulting from personal 2 . Current width of the <br /> circumstances , as well as property and location of <br /> hardships resulting from existing building create a <br /> conditions that are common to pinch point' in the middle of <br /> the neighborhood or general o the property limiting <br /> public , may not be the basis for location (s) for parking , <br /> granting a variance . additional building area , and <br /> required drive- aisles ; <br /> Re -development of the property <br /> cannot comply with all applicable <br /> land use regulations ( i . e . the 25 ft . 1 <br /> setback requirement , required j <br /> number of parking spaces , drive . <br /> isle width requirement , etc . ) without <br /> requested relief allowing for <br /> encroachment into the required <br /> 11 <br />