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MINUTES <br />CITY COUNCIL <br />APRIL 27, 2011 <br />RESOLUTION NO. 2011 -4 -82 — APPROVING AN ORDINANCE <br />AMENDING CHAPTER 915 OF THE LITTLE CANADA CITY <br />CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING <br />FOR A PUD ZONING DISTRICT AND REZONING CERTAIN <br />PROPERTY FROM PUD, PLANNED UNIT DEVELOPMENT, TO <br />PUD -B, PLANNED UNIT DEVELOPMENT AS PROPOSED BY THE <br />CITY PLANNER <br />The foregoing resolution was duly seconded by Boss. <br />Ayes (5). <br />Nays (0). Resolution declared adopted. <br />CUP & Blesener opened the Public Hearing to consider an application for <br />VARIANCE- Conditional Use Permit for outdoor storage, including storage <br />3165 SPRUCE containers, as well as a Variance from the side yard setback <br />STREET — requirement in the I -1 District as requested by Lee Rossow for <br />ROSSOW property located at 3165 Spruce Street. The City Planner and the Planning <br />Commission have recommended approval of the CUP and Variance. <br />The City Planner reported that the parcels at 3165 and 3167 Spruce Street <br />have, in the past, been used in conjunction with one another. Mr. Rossow <br />has now purchased these parcels, and would like to develop 3165 Spruce <br />Street, which is a vacant lot, and redevelop 3167 Spruce Street, which has <br />an existing building. <br />With regard to 3165 Spruce Street, Mr. Rossow would like to construct a <br />50 foot by 200 foot building. The property is approximately 100 feet in <br />width. There is a 50 foot Xcel Energy easement covering the south 50 feet <br />of the property, leaving approximately 50 feet. With the 15 foot side yard <br />setback requirement, that leaves 35 feet of buildable area. There is also a <br />Water Works easement on the west portion of this property. <br />Mr. Rossow is requesting a 5 foot side yard setback in order to construct a <br />50 foot wide building on the property. He feels that the locations of the <br />easements restrict the buildable area, and that the buildable area is not <br />adequate to put the property to a reasonable use. The applicant is <br />currently working with Xcel to negotiate some additional rights relative to <br />the easement, hoping to narrow the easement width to 35 feet. The <br />Planner noted that Mr. Rossow also feels it is more advantageous to <br />construct a 50 foot building rather than a 35 foot building as a narrower <br />building attracts less desirable uses. <br />The City Planner indicated that it is staff's position that a hardship exists <br />which prohibits the reasonable use of the property, and is recommending <br />10 <br />