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COUNCIL MINUTES APRIL 24, 2000 <br />3. That the hardship is not due to economic considerations alone and when a reasonable <br />use for that property exists under the terms of the ordinance. <br />4. That granting the variance requested will not confer on the applicant any special <br />privilege that would be denied by this ordinance to other lands, structures, or buildings <br />in the same district. <br />5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. <br />In reviewing the Variance Criteria above, staff commented that a large maple tree exists directly <br />behind the north/east corner of the proposed additional creating a physical circumstance unique to the <br />property. Mr. Nelson would like to minimize disturbance to this tree and has located his garage <br />approximately 16' from the tree. The City's Environmental Specialist has inspected the site and <br />determined that locating the garage 10' from the tree will minimize impact to the root system of the <br />tree. Staff suggested moving the proposed addition north to within 10' of the maple tree to minimize <br />the requested variance. <br />Staff commented that the existing right of way for Mustang L <br />roadway. This leaves a boulevard of 17'. The typical reside <br />way. This 66' right-of-way was dedicated to the City p <br />Staff recommended approval of the variance re <br />Board reviewed this request at their April <br />Variance with the conditions recomm <br />2' constructed <br />is 15' on a 60' right-of- <br />ent of the 60' requirement. <br />onditions. The Planning and Zoning <br />g and recommended approval of the <br />,: <br />Council Member Carlson ve ' � �� siz of the garage will not change if the variance is granted. <br />Staff advised the size of th wi°_ of change. <br />Council Member Rei a °'' o approve variance as requested based on the following conditions: <br />1. The prop ed addition be located 10' south of the existing maple tree to minimize the <br />variance required on the south/east corner. <br />2. The variance at the south/east corner be no more than 3.5 feet. <br />3. The proposed addition be sided to match the existing house & garage. <br />Council Member Dahl seconded the motion. Motion carried unanimously. <br />Subdivision 62nd Street, Rick Carlson (3/5 Vote Required), Mary Kay Wyland — Upon adoption <br />of the agenda, this item was postponed until May 8, 2000. <br />PUBLIC HEARING, Apollo Drive Phase 4 Improvements, John Powell — Staff advised on April <br />10, 2000, the City Council accepted a feasibility study and called for a public hearing for April 24, <br />• <br />• <br />