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Item 05A <br />Page 15 of 16 <br /> <br />Finding: The variance is NOT in harmony with the general purposes and intent of this <br />Title. City Code, Section 1104.01, Subd 2 (Yard Requirements) states; <br /> <br />“Reduction of Yard Space: No lot, yard or other open space shall be <br />reduced in area or dimension so as to make such lot, yard or open space <br />less than the minimum required by this Code, and if the existing yard or <br />other open space, as existing, is less than the minimum required, it shall <br />not be further reduced. No required open space provided about any <br />building or structure shall be included as a part of any open space <br />required for another structure.” <br /> <br />Reducing the front yard setback from 40’ to 0’, is less than the minimum setback <br />required, and therefore, is not in harmony with the intent of the City Code. <br /> <br />2. The variance is consistent with the comprehensive plan. <br /> <br />Finding: The request relates to the following: <br /> <br />Commercial Goals and Policies <br />Goal 2: Provide safe, convenient, attractive, and accessible commercial development. <br />Policy j: The City will cooperate with existing and potential commercial developers and <br />property owners in creating site plans with emphasis on access and egress, <br />parking areas, landscaping and adherence to an architectural theme. <br /> <br />Transportation Goals and Policies <br />Goal 2: Developments shall provide sufficient off-street parking to meet the normal <br />demands of all land uses and activities. <br /> <br />3. The applicant proposes to use the property in a reasonable manner not permitted by this Title <br />or the City Code. <br /> <br />Finding: The applicant proposes to use the property in a reasonable manner. <br /> <br />4. Unique circumstances apply to the property which do not apply to other properties in the <br />same zone or vicinity and result from lot size or shape, topography or other circumstances <br />over which the owner of the property since the enactment of this Title has had no control. <br />The unique circumstances do not result from the actions of the applicant. <br /> <br />Finding: There are no unique circumstances of this property. The need for additional <br />parking is a result of the applicant. The applicant has not demonstrated that <br />other alternatives have been considered. <br /> <br />5. The variance does not alter the essential character of the neighborhood. <br /> <br />Finding: The Variance would significantly alter the character of the neighborhood. <br />Although 9 of the 13 (69%) industrial businesses within 1,000’ of the subject