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• B.C. 9.740(1)(a). Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site, from geographic, topographic, or other physical conditions on the site or in the immediate vicinity, or from street locations or traffic conditions in the immediate vicinity. In several cases, LUBA has cited the following quoted language as the basis for interpreting the "practical difficulties or unnecessary hardship" criterion: "Practical difficulties or unnecessary hardship is a demanding standard, requiring proof that the benefits of property ownership would be prevented by strict enforcement of zoning regulations. Erickson v. City of Portland, 9 Or App 256, 261, 496 P2d 726 (1972). While no precise definition of terms is available to guide decisionmakers, judicial precedent makes it clear that the difficulties must be more than an obstruction of the personal desires of the land owner. Further, any hardship must not be self created. Moore v. Board of Clackamas County Commissioners, 35 Or App 39, 45, 582 P2d 583 (1978)." LUBA and the appellate courts have interpreted this criterion to allow the variance only if (1) the subject property will be virtually useless without the variance, and (2) the hardship arises from conditions inherent in the land which distinguish it from other land in the neighborhood. Applying that standard to the present situation, no reasonable argument can be made that the criterion is satisfied. The land is flat, without significant vegetation, and is undeveloped. It has access to an adjacent street and no development restrictions inherent in the land. It is suggested that if on -site parking were required, the development would impact the adjacent residential development, result in additional impervious surface area and add to traffic concerns pertaining to the Thomason Lane and River Road intersection. There is no doubt that there are impacts of location of a day care use in any residential area as it will have a greater parking requirement, thus more impervious surface area, and will involve greater traffic than a single- family residential use. These are all issues that are evaluated as part of the conditional use permit process to determine if an impact of a development is 3 - FINDINGS OF HEARINGS OFFICIAL (CU 95 -8) C: \FINDINGS \DEC.95 \CU -95-8 (JWS:cjm)