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When considering a variance, the City is required to find that there are unique <br />circumstances of the property that create a hardship in putting the property to <br />reasonable use under the generally applicable regulations. If the City is to consider the <br />variance, findings would need to be made addressing the hardship language in the <br />code. <br />Summary and Recommendation <br />The applicants' site plan shows compliance with most of the requirements of the new <br />ordinance, with the specific exception of the setback encroachment for which a variance <br />is being sought. As such, planning staff would recommend approval of the CUP with <br />conditions, subject to one of the following: <br />a. Compliance with the required setback behind the front building line; OR <br />b. Approval of a variance for the proposed setback encroachment. <br />Regardless of which of these is chosen, planning staff further recommends that the <br />landscaping plan be revised to provide year -round screening with evergreen plantings, <br />that the site be organized to be contained within the limits of the property lines, and that <br />the fire chief certify that the site meets fire code access and other requirements. <br />With regard to the variance, the zoning ordinance establishes a set of criteria for <br />variance consideration that are designed to demonstrate how the regulations would <br />create a hardship in putting the property to reasonable use, and how this property is <br />distinguished from others in the same district. If the City is to consider the variance, the <br />following findings should be included: <br />1. The variance is necessary to put the property to reasonable use. <br />2. Approval of the variance results in a site condition that is closer to the intent of <br />the City's zoning regulations that open storage would be (better organization and <br />less site clutter). <br />3. Due to the need for turning movements and other site clearances, relocating the <br />encroaching storage area is not feasible. <br />pc: Kathy Glanzer <br />Steve Westerhaus <br />Lee Elfering <br />Dave and Karen Holm, On -Site Sanitation, 95 Woodlyn Avenue, Little Canada, <br />MN 55117 <br />4 <br />