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Rezoning. When considering rezoning, the City is required to consider whether the <br />proposed zoning is consistent with the Comprehensive land use plan, and other land <br />use policies. In this case, the property is being used for park purposes, and the current <br />zoning does not reflect that use. Moreover, the R-1 zoning is not appropriate in that the <br />property is not eligible for residential use given the lack of street frontage and narrow <br />dimension. Finally, the park use of the property is part of the City's Parks Plan, a <br />component of the Comprehensive Plan. The Public zoning is the most appropriate <br />zoning district for the property. <br />Setback Variance. When considering variances, the City is required to find that there <br />are unique conditions on the property that create practical difficulties in the putting the <br />property to a reasonable use. The ordinance specifically mentions narrowness of <br />existing parcels and topography as examples of such difficulties. <br />In this case, the proposed use is a reasonable one, in that making the facility accessible <br />expands use of the facility for all residents, and makes the building more compatible <br />with other regulatory requirements. In addition, the lack of flexibility in moving the <br />building to another location limit the City's options — moving the building to a portion of <br />the site that would meet all setback requirements would eliminate its utility in serving the <br />users of the skating rink. <br />Finally, the facility is being designed to address a steep slope between the City property <br />and the Church property to the east. The slope is eroding badly and the City has an <br />opportunity to address this situation with the project. The property line is roughly in the <br />middle of the slope and there are large trees on the top of the slope. The best option is <br />to construct a wall on the City property or use the building as a wall and fill the slope to <br />achieve a maintainable grade behind the wall without losing all the trees. <br />With these conditions present, it appears that the requirements for variance <br />consideration are met. Without the variance, it would not be possible to construct the <br />warming house to serve accessible needs, or address the slope and erosion issues on <br />the property. <br />Summary and Recommendation <br />Staff recommends approval of the rezoning and setback variance for the construction of <br />a new warming house on the Old Fire Hall park property. The parcels will be combined <br />administratively to remove the non -conforming condition of a lot without frontage, and <br />the project resolves the lack of accessibility and erosion problems on the site. <br />pc: Kathy Glanzer <br />Steve Westerhaus <br />Lee Elfering <br />