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AGENDA ITEMS B <br />STAFF ORIGINATOR Mary Kay Wyland <br />DATE June 20, 1996 <br />TOPIC 96-14-S, Lino Lakes Family Dentistry, 6691 <br />Blue Heron Drive, Site Plan Review/Conditional <br />Use Permit, and Variance <br />Lino Lakes Family Dentistry is requesting a site plan review and <br />conditional use permit to allow the construction of a 3,874 square <br />foot office building on Outlot A of Rice Lake Estates. In 1985, <br />when the property was platted, this Outlot was Zoned Neighborhood <br />Business (NB) and set aside for some future commercial development. <br />Professional Offices are permitted in this Zoning District with a <br />Conditional Use Permit. In addition, the applicant is requesting <br />a Variance that would allow the building to be located 28' from an <br />adjacent residential district - the Ordinance requires a setback of <br />35'. <br />The proposed structure has been designed to fit into the general <br />character of the existing neighborhood. Access will be provided <br />off Blue Heron Drive ant-zoreening provided for the adjacent <br />residence. <br />According to the zoning Ord hence, a - setba< <br />ntial district is requiredin the NB Zonii <br />d structure indicatesti . a setback of 28' f <br />dential district, therefbre, a Variance oy <br />ud approval of the Variance <br />s of Fact: <br />e'property in question cannot be put to a reasonable us <br />nder conditions allowed by the official controls. A <br />building' could be constructed on the site and meet, the <br />setback reqtairmaents, however, the applicant has determined that <br />the s.i,erequested is a minim for their intended use. 3,874 <br />square feet its not a large structure and therere is an odd shape to <br />the existing lot. <br />35' from any <br />strict. The <br />the adjoining <br />required. <br />B. That the plight of the landowners is due to circumstances unite <br />to his property not created by the land owner. The property in <br />question is an odd shaped lot calling for unique design <br />considerations. Additionally there is a large ponding/wetland area <br />to the rear which further restricts design. <br />C. That the hardship is not due to economic considerations alone <br />and when a reasonable use for the proper exists Under the teras of <br />the ordinance. The hardship in this case appears to he the shape <br />and configuration of the lot, not an economic consideration. <br />D. That granting the variance requested will not confer on the <br />applicant any special privilege that would be denied by this <br />ordinance to other lands, structures, or buildings in the 'same <br />