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• PLANNING COMMISSION Page 3 September 16, 1998 MOTION/SECOND: Brooks/Miller to approve Resolution No. 556-98, A Resolution Approving a Variance Request for a Sidewalk, as amended, 5249 Greenfield Avenue, Timothy White. VOTE: Ayes- 6 Nays- 0 Motion carried. 5. Planning Case No. 536-98 Property Involved: 2200 & 2214 Highway 10 (Mermaid and Perkins, respectively). Consideration of resolution No. 560-98, a Resolution Approving a Variance Request to Allow a Joint Use Parking and Access Arrangement between the Businesses and a Zero-Foot Parking Lot Setback. Applicant: Daniel Hall, representing the Mermaid The applicant, Daniel Hall, was present. Associate Ericson gave his report as follows: • The applicant was requesting a variance from the required five-foot setback established for parking lots in a business district. The parking lot for the Mermaid has been expanded and resurfaced in accordance with the development plans submitted to and approved by the City on May 11, 1998. It was discovered after the fact that the development plans were in error(off by approximately seven feet), such that the parking lot north of the building as constructed encroaches into the required side-yard setback and in one area crosses the property line onto the Perkins property. To compensate the Perkins property, the Mermaid has opened a secondary access drive between the two businesses, complementing the existing joint access This access will serve to improve circulation between the sites and to improve the safety of Mermaid patrons by diverting Perkins traffic to the rear of the Mermaid. In addition, representatives from both properties have entered into a joint use agreement, such that both properties are protected in the event either use or ownership should change. The City will require that a cross-access and shared parking easement be filed with Ramsey County to legitimize the arrangement. This document is being drafted by the City Attorney. Staff was recommending approval of Planning Commission Resolution No. 560-98, a Resolution Approving a Variance for a Zero-Foot Setback for a Parking Lot, on Properties Located at 2200 & 2214 highway 10. • Chairperson Peterson returned the floor to the Commission for questions of staff.