11/10/1993 P&Z Packet - Laserfiche WebLink

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ISSUES ANALYSIS Zoning, The subject site is zoned GB, General Business District, which allows restaurants as a permitted use. Therefore, the proposed addition is an acceptable use of the property. etbacks. As outlined below, the proposal does not meet the required 40 foot setback to arterial streets, therefore, a 31 foot setback variance is necessary. The following lists all setbacks on the subject site: Front (south) Front (east) Side (west) Side (north) p. g ired Proposed, 40 feet 9 feet* 40 feet 62 feet 1.0 feet 22 feet 10 feet 132 feet * Indicates cion -conformity Variance. Section S. Subd.7, (1.) of the Municipal Code states that when considering a request for variance, the city shall make the following findings of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowner is due to circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. S. That the proposed actions will not unreasonably diminish or impair established property values within the neighborhood. That the proposed actions will be in keeping with the spirit and intent of the ordinance. A hardship does exist in this instance due to the nonconformity of the existing building. The current street setback of the 49 Club is ` juus.t . 9. feet. ' _ _Thissetback was : recentl. --further . reduced due to additional road right ofway:condemnation ytheounty. Seventeen (37)feetof :land owned by-- the 49 •.Club, 4 was takenthe }Countyw.for re utu-�road expansion, thereb.placing an additional restriction to already nonconforming bu ding.