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City Council Regular Meeting Minutes S <br /> October 22, 2002 <br /> Page 8 <br /> 1 to serve the new facility. He stated they did not change the building size or location,just <br /> 2 the use of the area surrounding the building. <br /> 3 <br /> 4 Councilmember Horst asked if the justification for the building placement is to create the <br /> 5 turning radius needed for trucks. Mr. White stated that is correct. <br /> 6 <br /> 7 Mr. Murlowski stated it is causing them to push the overhead doors more to the east <br /> 8 within the setback area. He noted that this land is irregular in shape and very difficult for <br /> 9 construction which pushes the building towards the substation access. <br /> 10 <br /> 11 Mr. White stated another point is that the existing buildings on the site are used for the <br /> 12 same purpose. He clarified the other buildings are used for storage, but not for document <br /> 13 storage. <br /> 14 <br /> 15 Councilmember Thuesen stated when the Planning Commission receives the request, <br /> 16 their consideration needs to be more than whether you want it or not. He stated that <br /> 17 normally when receiving Planning Commission recommendations, he agrees with it and <br /> 18 believes it has been very well thought out. However, in this case he is questioning it. He <br /> 19 stated that to him it appears the land cannot be put to a reasonable use that meets their <br /> 20 criteria without the variances being granted. He stated he believes the circumstance was <br /> 21 not created by the owner and if granted would not alter the essential character. He noted <br /> 22 that if anything, the character will be improved through the holding pond, nicer aesthetics <br /> 23 of the building,removal of the 40-year old buildings, and reducing the level of traffic. He <br /> 24 stated that the economic considerations may need a harder look but it does not appear to <br /> 25 him that it is solely economics. He noted that ADA compliance is another improvement <br /> 26 and this is only six to seven feet higher in a dead-end industrial area that is not out of <br /> 27 character with the appearance of the area. He stated he thinks the City would benefit if <br /> 28 this application is approved. <br /> 29 <br /> 30 Councilmember Thuesen stated St. Anthony is looking to work with business and keep <br /> 31 good businesses so if the City Attorney has no problem, he thinks this holds a lot of <br /> 32 potential. <br /> 33 <br /> 34 Councilmember Horst stated he spent six years on the Planning Commission and knows <br /> 35 that with any variance request, you do not have luxury of an elected official; you were <br /> 36 allowed a set of criteria and your determination is whether the application meets or does <br /> 37 not meet that criteria. You do not have the ability to determine whether it is a good or <br /> 38 bad project,just whether it meets the City's criteria. Councilmember Horst stated it is a <br /> 39 difficult situation with this type of building to find that all of the criteria that are needed <br /> 40 for a variance are met. He stated the Planning Commission did the right thing in <br /> 41 recommending denial. However, as public officials and being responsible to the voters, <br /> 42 the City Council has the ability and duty to try to work with businesses, especially an <br /> 43 exemplary business like Berger Transfer who has worked with St. Anthony for many <br /> 44 years. <br /> 45 <br />