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MINUTES <br />PLANNING COMMISSION <br />JULY 14, 2011 <br />suggested that traffic observations and complaints from neighboring <br />properties and the Sheriff's Department would be cause to bring the issue <br />back for reconsideration. <br />Duray noted that Dock 86 has been a good business from the community, <br />and appears to be successful in its Little Canada location. <br />Hall recommended approval of the Amendment to PUD Permit to increase <br />the number of days per week that Dock 86 store, 3201 Country Drive, is <br />open to include Monday's subject to compliance with the <br />recommendations of the City Planner as outlined in his July 8, 2011 <br />report. <br />Motion seconded by Fischer. <br />Motion carried 4 — 0. <br />TEXT The City Planner submitted a proposed Text Amendment amending the <br />AMENDMENT- variance standards in the Little Canada Zoning Code which reflect the <br />VARIANCE changes in State Statute. The Planner indicated that the substantive <br />STANDARDS changes to the Statute are changes in the phrases "hardship" to "practical <br />difficulties" and the alteration of reasonable use of a property to whether <br />the applicant is proposing to use a property in a reasonable manner. The <br />Planner noted that the previous Statute was fairly rigorous in that a <br />variance was warranted only if a property could not be put to any <br />reasonable use without the variance. The new standard justifies a variance <br />if the proposal is considered a reasonable use of the property. The new <br />Statute is more objective and variances will need to be considered on a <br />case -by -case basis. In granting variances, the City will have to provide <br />findings of fact that provide the basis for supporting the variance and list <br />the unique conditions warranting the variance. The Planner noted that, in <br />the past, the City has to be considered about setting precedent in the <br />granting of variances. Under the new law, the granting of variances is <br />more objective and centers on the reasonable use of the property. <br />Duray recommended approval of the Text Amendment relative to the <br />variance standards in Little Canada Zoning Code, Chapter 922, as <br />recommended by the City Planner. <br />Motion seconded by Murphy. <br />Motion carried 4 — 0. <br />-8 <br />7 <br />