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FINDINGS: The proposed variance request should have no negative effect on light and air to adjacent properties. <br />Property values should not be diminished from the request. The proposed addition would be buffered from the <br />apartments to the West by the stormwater pond, wetland, and proposed landscaping. The apartment building will be <br />more than 150 feet from the proposed expansion. The request should not substantially increase congestion in the <br />public street. <br />FISCAL IMPACT: <br />None. <br />RECOMMENDED CONDITIONS OF APPROVAL – CUP <br />1. The applicant must obtain all other necessary City, State, and other governing body permits and approvals before <br />the commencement of any construction activity on the site. <br />2. The applicant must submit a complete Stormwater Management Plan which meets the requirements of the City <br />Engineer in accordance with the City Engineer Memo and subsequent reviews. <br />3. The applicant must submit a complete traffic study which meets the requirements of the City Engineer in <br />accordance with the City Engineer Memo and subsequent reviews. <br />4. No construction may begin until all items and changes outlined by the City Engineer’s memorandum dated April <br />27th, 2026 and subsequent reviews are addressed. <br />5. No construction may begin until all items and changes outlined by the Fire Department’s memorandum dated <br />April 27th, 2026 and subsequent reviews are addressed. <br />6. No construction may begin until all items and changes outlined by the City Landscape Architect’s memorandum <br />dated April 24th, 2026 and subsequent reviews are addressed. <br />7. Proposed signs must comply with the approved Comprehensive Sign Plan. When construction of the sign(s) are <br />desired, the applicant must apply for sign permits with the City. <br />8. The applicant must execute and record a Stormwater Maintenance and Easement Agreement and a Site <br />Improvement Agreement in the City’s standard form prior to release of a building permit. <br />10. Any expansion of the building or parking lot beyond this approval shall require a conditional use permit <br />amendment. <br />11. All past conditional use permits affiliated with the property shall now be null and void. <br />12. If substantial construction has not taken place within 12 months of the City’s approval, the conditional use permit <br />shall become void. <br /> <br />RECOMMENDED CONDITIONS OF APPROVAL – VARIANCE <br />1. The applicant must meet all the conditions of approval outlined in the Conditional Use Permit approved on June <br />2nd, 2026. <br />2. This variance approval is only for reduced setback from the West side property line to 27 feet. <br />3. If substantial construction has not taken place within 12 months of the City’s approval, the variance shall <br />become void. <br />PUBLIC COMMENT: <br />A public hearing notice was sent to surrounding property owners within 500’ on April 27th 2026 and published in the <br />Stillwater Gazette on May 1st 2026. Staff has not received any public comments at this time. <br />