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MINUTES <br />CITY COUNCIL <br />MARCH 23, 2022 <br />extends over the south and east side of the property, and soil testing on the east side showed 45 feet of <br />peat and bad soils before hitting buildable soil. She noted the water table levels are very high due to a <br />nearby creek. She explained that these physical factors cause the request to meet the practical <br />difficulty criteria under Minnesota Law. City staff does not find this proposal to be detrimental to the <br />public health, welfare or injurious to other properties nearby, and the proposed addition is reasonable <br />and consistent with the I-1, Industrial zoning district as well as the neighboring area. <br />Keis opened the public hearing. Roger Stanke, owner of 209 Ryan Drive, stated they originally were <br />going to tear down the part of the building that was built in 1974 and build a 200 foot structure, but <br />after soil testing was done, it was determined a lot of soil corrections would need to be done. He <br />explained the business has grown a lot and they use large CNC machines so more space is needed. <br />There were no additional comments from the public. Upon motion by Keis, seconded by Fischer, the <br />public hearing was closed. <br />Torkelson introduced the following resolution and moved its adoption: <br />RESOL UTION NO. 2022-3-42 —APPROVE THE VARIANCE AT 209 RYANDRIVE, PID <br />313022340011 (LOT 1, BLOCK 1, RYAN INDUSTRIAL PARK), TO ALLOWA REDUCED <br />SIDE YARD SETBA CK OF 8 FEET ON THE WEST SIDE TO A CCOMMODA TE A <br />BUILDING ADDITION, BASED ON THE FOLLOWING FINDINGS OF FACT. <br />1. The property is found to be of unique circumstance because of the challenging soils, high <br />ground water, and the development configuration is the best and highest use of the site to <br />be able to construct the addition. <br />2. City staff does not find this proposal to be detrimental to the public health, welfare, or <br />injurious to other property in the territory in which the property is situated. <br />3. The physical factors of the property are the main reason for the variance request in that it <br />produces an extreme hardship that is limited to the topography and wetland located on the <br />site. In addition, under Minnesota law, we find that practical difficulty has been <br />met, meaning (1) the property owner proposes to use the property in a reasonable manner <br />permitted by the ordinance, (2) the owner's plight is due to circumstances unique to the <br />property not created by the property owner. <br />4. The request for variance is not based on an economic hardship and solely based on the <br />physical aspects of the site and is the best and highest use of the property. <br />The foregoing resolution was duly seconded by Miller. <br />Ayes (5). Nays (0). Resolution declared adopted. <br />CONSENT AGENDA <br />Fischer introduced the following resolution and moved its adoption: <br />RESOL UTION NO. 2 022-3-43 — APPR O VING THE CONSENT A GENDA WHICH <br />CONTAINS THE FOLLOWING. <br />3 <br />