Specific Development Plan and Variance at 12060 W. 52nd Avenue (S&S Plumbing)
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Specific Development Plan:
Per Section 26-305 of the City Code, the planning commission shall base their decision in consideration of the extent to which the applicant demonstrates that all of the following criteria have been met:
1. The proposed specific development plan is consistent with the purpose of a planned development as stated in section 26-301 of this article; and
2. The proposed specific development plan is consistent with the design intent or purpose of the approved outline development plan; and
3. The proposed uses indicated in the specific development plan are consistent with the uses approved by the outline development plan; and
4. The site is appropriately designed and is consistent with the development guidelines established in the outline development plan; and
5. Adequate infrastructure/facilities are available to serve the subject property, or the applicant will upgrade and provide such where they do not exist or are under capacity; and
6. The proposed specific development plan is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual, Streetscape Design Manual, and other applicable design standards.
Per Section 26-115 of the City Code, the planning commission shall base its decision in consideration of the extent to which the applicant demonstrates a majority of the following criteria have been met:
a. The property in question would not yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located.
b. The variance would not alter the essential character of the locality.
c. The applicant is proposing a substantial investment in the property with this application, which would not be possible without the variance.
d. The particular physical surrounding, shape or topographical condition of the specific property involved results in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out.
e. The alleged difficulty or hardship has not been created by any person presently having an interest in the property.
f. The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, substantially or permanently impairing the appropriate use or development of adjacent property, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood.
g. The unusual circumstances or conditions necessitating the variance request are present in the neighborhood and are not unique to the property.
h. Granting of the variance would result in a reasonable accommodation of a person with disabilities.
i. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual.
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