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Tires N’ More Parking Lot Variances Report November 6, 2013 Page 3 e. The variance does not alter the essential character of the neighborhood. The access driveways from the adjoining parcels have been as is for many years, and there is currently asphalt in the front parking lot up to the property line, so there will be no change to the existing character of the neighborhood. Instead it will be a big improvement to this property and the neighborhood. f. The variance requested is the minimum variance which would alleviate the practical difficulties. Economic conditions alone do not constitute practical difficulties. The requested variances are the minimum that would be necessary in order for the applicant to be able to access his property and the rear parking lot. g. The Planning Commission may impose such conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this Title or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance. 1. Tires N’ More owners should make all possible efforts to prevent their customers and employees from using the CVS access to Silver Lake Road. The property owner of 2800 County Road 10 does not give permission for the applicant to use of any more of their property than what is specified in the easement documents. 2. A sign must be installed at the access drive between Tires N’ More and CVS to direct Tires N’ More customers and employees that are leaving the property, to “exit left only” to direct them towards County Road 10 rather than behind the CVS building. This sign must be installed either by the completion of the parking lot, or by April 1, 2014, whichever occurs first. 3. The entire parking lot must be installed by September 1, 2014. The City Council granted an extension of the original deadline that was stated in the conditional use permit to operate the business (Resolution 7984). Public Hearing: As with any requested variance, a public hearing is required. Staff mailed notices to all property owners within 350 feet of the applicant’s property and a notice was published in the Sun Focus newspaper. In September 2012, when Mr. Soussi first applied for this variance, Staff had been in contact with the attorney representing JK & SK Mn, LLC, the property owner of 2800 County Road 10 (CVS does not own the land). They do not want Tires N’ More using any of their property that is not included in the easement agreements. A letter describing the current request was sent to the property owner of 2800 County Road 10, along with the public hearing notices mailed. As of November 1, 2013, staff has not received any comments.