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08-02-2006
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08-02-2006
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MV City Council
City Council Document Type
City Council Packets
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8/2/2006
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<br />As shown on the attached site plan, the applicant would like to construct approximately a <br />20,000 square foot building and a railroad track that would come onto their property from <br />ing much more building square footage, their parking requirements will increase <br />ignificantly. Section 1121.13 of the Code would require that this site provide 381 parking <br />onsiderations: <br />d, the applicant needs to demonstrate a hardship or practical <br />ifficulty associated with the property that makes a literal interpretation of the Code overly <br />apply to the property which do not apply <br />generally to other properties in the same zone or vicinity and result from lot size or shape, <br /> not necessarily irregularly shaped, although a large piece <br />of the property is wetland area and much lower ground, which does limit the space that <br /> <br />b. The literal interpretation of the provisions of this Title would deprive the applicant of rights <br />commonly enjoyed by other properties in the same district under the terms of this Title. <br />nt <br />of rights enjoyed by other properties in the same zone, in that most properties do not <br /> <br /> <br />1 <br />the south, then turn east where the tracks would enter the building. With their current <br />proposal, there would be room for five rail cars to load and unload inside the building. They <br />would also add an additional parking lot in front of the building and on the south side of the <br />building. <br /> <br />Due to add <br />s <br />spaces, based on the size of the buildings and the uses on the property. Currently, the site <br />has 126 spaces, which is 22 spaces less than the required number. The Code states that <br />parking requirements may also be determined based on employee count, although the actual <br />required number of spaces is supposed to be the greater of the two determined numbers. <br />The required number, if based on employee count, would be only 44 spaces. At most, after <br />the expansion, Tyson may have up to about 72 employees. The actual parking space count <br />that will be allowed would be decided during the development review. Even though Tyson <br />may not need the large amount of parking spaces, the Planning Commission does need to <br />keep in mind what could happen if a different business were to move into the building <br />someday. <br /> <br />Variance C <br /> <br />For a variance to be approve <br />d <br />burdensome or restrictive. Minnesota statutes require that the governing body (the Planning <br />Commission, in this case) review a set of specified criteria for each application and make its <br />decision in accordance with these criteria. These criteria are set forth in Section 1125.02, <br />Subdivision 2, of the City Code. The Code clearly states that a hardship exists when all of <br />the criteria are met. The criteria are as follows: <br /> <br />a. Exceptional or extraordinary circumstances <br />topography or other circumstances over which the owners of the property since the effective <br />date hereof have had no control. <br /> <br />The property is very large and <br />can be utilized. <br /> <br />The literal interpretation of the provisions of the Zoning Code may deprive the applica <br />have wetlands, or at least nowhere near as much on their property. <br /> <br /> <br /> <br /> <br /> <br />
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