CC MINUTES 12031985 - Laserfiche WebLink

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-4- the following variances in conjunction with the remodeling and redevelopment of the American Legion and gas station property at 2701-2709 Kenzie Terrace. • 1 . Parking space variance for no less than 48 parking spaces, to be provided no matter what future use develops on the site, in conjunction with the proposed commercial property being developed to use consistent with the approved ordinance uses for commercial property; and 2. To approve expansion of the existing non-conforming use with the setback encroach- ment behind the gas station property, recognizing that the proposed construction would not further aggravate that encroachment defined as the northwest corner of the existing service station building on said site. In granting these variances, the Council finds, as did the Planning Commission, that: 1 . The encroachment would be caused by the triangular dimensions_ of the site and it is perceived the owner should be given full consideration to properly develop this project within the confines of those difficult dimensions; 2. Structural difference of the portion of the building considered to be within the encroachment is vertical rather than horizontal ; 3. This request would be compatible with the previously approved Kenzington and Walker on Kenzie, as well as the upcoming senior rental project to be developed by Arkell , in the surrounding area; 4. It should be recognized that there is an alleged difficulty or hardship not created by persons presently having an interest in the parcel of land but rather • by the City Ordinance because the developers are ;attempting;to improve their property and to refuse their request to do so would impose an undue hardship on them; 5. By approving this request, the City would be eliminating excessive curb cuts to Kenzie Terrace; and "6. No one appeared in opposition to the variances at -either the December 2nd Planning Commission hearing or the December 3rd Council consideration of the matter. Motion carried unanimously. Commissioner Bjorklund read the Planning Commission's recommendation related to the change in signage requested for the Hardees Restaurant at 4000 Silver Lake Road, suggesting a few changes in wording as he read the motion. The Mayor congratulated the Commissioners on the thorough job they had done to assure that this sign would be constructed according to the Sign Ordinance which, he observed, had not always been the case with signage in that area. When Councilmember Enrooth questioned whether there might be a problem if the City granted an 11 -X 5 foot sign right next door to a Goodyear sign he perceived was "miniscule in comparison", Commissioner Bjorklund told him the question had also been raised during the hearing but the conclusion had been that a smaller, free standing sign might have been necessary to compensate for the amount of signage Goodyear had • on the building, which the Commissioner speculated might even have exceeded the '!