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Discussion: rements are addressed in Section 1104.01, Subd 4 of the Zoning Code. dustrially zoned properties are required to maintain a forty-foot front setback for structures n additional 20,000 square foot building and a railroad track that would come onto their property from ts will increase ignificantly. Section 1121.13 of the Code would require that this site provide 381 parking d, the applicant needs to demonstrate a hardship or practical ifficulty associated with the property that makes a literal interpretation of the Code overly apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, not necessarily irregularly shaped, although a large piece of the property is wetland area and much lower ground, which does limit the space that b. The literal interpretation of the provisions of this Title would deprive the applicant of rights Setback requi In and parking areas. Industrial side and rear parking setbacks are five feet, or more if it abuts a residential use. The applicant is requesting a thirty-three (33) foot variance from the front building setback, and a forty (40) foot variance from the front parking setback requirement. They are proposing to locate the southeast corner of the building seven feet from the property line, the northeast corner of the building ten feet from the property line, and the parking lot directly on the lot line. If constructed as proposed, there would be no setback between the parking area and the Mustang Circle right-of-way. The building and parking lot are pushed to the property line due to the wetlands that are along the west side of this property, and keeping enough space behind the building to be able to have a drive aisle. Tyson Company has indicated that they need to have a certain amount of square footage in the new building in order for the expansion to be financially feasible for them. As shown on the attached site plan, the applicant would like to construct a 1 the south, then turn east where the tracks would enter the building. There would be room for four or five rail cars to load and unload inside the building. They would also add an additional parking lot with 23 stalls between the building and the front property line. Due to adding much more building square footage, their parking requiremen s spaces, based on the size of the buildings and the uses on the property. Currently, the site has 126 spaces, which is 22 spaces less than the required number. If the parking lot is constructed as proposed, the site would have 149 parking spaces. The Code states that parking requirements may also be determined based on employee count, although the actual required number of spaces is supposed to be the greater of the two determined numbers. The required number, if based on employee count, would be only 44 spaces. At most, after the expansion, Tyson may have up to about 72 employees. The actual parking space count that will be allowed would be decided during the development review. Variance Considerations: For a variance to be approve d burdensome or restrictive. Minnesota statutes require that the governing body (the Planning Commission, in this case) review a set of specified criteria for each application and make its decision in accordance with these criteria. These criteria are set forth in Section 1125.02, Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of the criteria are met. The criteria are as follows: a. Exceptional or extraordinary circumstances topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The property is very large and can be utilized.