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Miller Wright Report September 7, 2005 Page 2 The City’s Fire Marshal reviewed the site plans and has recommended drive aisle widths of at least 24 feet on the east side of the building and at the northeast building corner. This would result in a two-foot east and north (side and front) setback. Because the northeast corner cannot be used as parking, the required setback would be the same as for the side of the property—five feet. The area in which a variance would be needed is highlighted in purple on the attached site plan. Setback Requirements: The parking lot and driveway setbacks for a property zoned B-3, Highway Business Commercial, are as follows: Driveways: Parking Lots Front: 5 Feet Front: 30 Feet Sides: 5 Feet Sides: 5 Feet * Rear: 5 Feet Rear: 5 Feet *The Code indicates that where a non-residential use abuts a residential use, the parking lot setback shall be 20 feet. The west side of the parking area south of the PAK building abuts residential and thus would be subject to the 20-foot requirement. The area immediately adjacent to the west side of the building would be considered driveway and thus subject to the five-foot setback. Variance Considerations: For a variance to be approved, there needs to be demonstrated hardship or practical difficulties associated with the property that makes a literal interpretation of the Code overly burdensome or restrictive to a property owner. State statutes require that the governing body (the Planning Commission) 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 individual criteria with staff responses are as follows: a. Exceptional or extraordinary circumstances 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, topography or other circumstances over which the owners of the property since the effective date hereof have had no control. The lot at 2832 County Road 10 has very little change of elevation over the property which causes practical difficulties dealing with stormwater runoff. The poor grade has always been a condition of the site. In addition, if subject to the five-foot setback, the width of the drive aisle on the northeast and east side of the building would not be sufficient for emergency vehicle access.