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• <br />• <br />• <br />WS — Item 5 <br />WORK SESSION STAFF REPORT <br />Work Session Item 5 <br />Date: August 11, 2010 <br />To: City Council <br />From: Paul Bengtson <br />Re: KI Auto Variance Request <br />Background <br />On July 26, 2010 the City Council acted on a portion of the applicant's request, denying <br />the Comprehensive Plan Amendment, Rezoning and Conditional Use Permit to allow <br />automobile sales at 909 Maple Street. The Variance requests, for expansion of a non- <br />conforming building and front setback reductions were continued to the August 11, 2010 <br />work session agenda for further discussion of the new case law on variances and the <br />impact on this request. <br />As the issue at hand is the new case law briefly discussed by the City Attorney at the July <br />26, 2010 work session, staff has asked the City Attorney to explain in more detail the <br />case law and the impact it should have on not only this request, but also future <br />applications. (memorandum from City Attorney to follow) <br />The application was extended to the full 120 days, so the Council has until October 9, <br />2010 to take action. (Note: the last regularly scheduled City Council meeting before that <br />date would be September 27, 2010.) <br />Requested Council Direction <br />A resolution in necessary to either approve or deny the request, and staff has assembled a <br />denial resolution based on findings made prior to the new case law information. Staff is <br />seeking direction from the council on if an approval resolution should be assembled, and <br />if so what findings will be made to support said resolution. <br />Attachment(s) <br />1. July 26, 2010 staff report, condensed to focus only on the Variance requests. <br />1 <br />