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HomeMy WebLinkAboutFindings of Fact PZ-2023-00057 Findings of Fact 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The property owner’s site design team has been diligently working with City, State and Federal officials who are charged with certain oversight responsibilities for protecting the integrity of floodplain areas to the benefit of the greater community beyond the construction site, which oversight has resulted in designs for the proposed fence and creek bridge that achieve the purposes of site security and the ability of the owner to move freely about the site and across the creek, respectively, with minimal impact to the storm water control purposes of the floodplain and without having to physically leave the site to safely move between the north and south sides of the creek. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The fence and bridge design efforts, while focused on the need for site security and the ability for the owner to safely access both sides of the creek, sought and resulted in the least impactful approach to the floodplain for the proposed improvements in a manner that causes no upstream or downstream impact, resulting in no off-site impact to adjacent property owners. 3. The strict application of the terms of the Zoning Ordinance will result in practical difficulties in use of the property, because: The creek and its floodplain split the property north-to-south, a dwelling is under construction south of the creek while an accessory barn is planned north of the creek, site security along Ditch Road via the proposed fence is impossible without minimal exposure within the floodplain and pedestrian traffic between the dwelling and the barn would be forced onto Ditch Road, which has no pedestrian/alternative transportation infrastructure on the west (property) side of the street, or through the creek bed itself, all of which establishes practical difficulty for site development and use.