CC MINUTES 07131993 - Laserfiche WebLink

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REGULAR COUNCIL MEETING JULY 13, 1993 3 PAGE 8 4 5 6 Commissioner Werenicz advised that the variance request met 7 - - a-11 -t-hr-ee -requirements for a variance, that two people spoke.-. -- - 8 poke._. ._ _8 in support of the variance being granted, no one spoke 9 against , and the Planning Commission felt this improvement 10 would enhance the business community. 11 12 The City Manager stated that the hardship necessary to grant 13 the variance is the shape of the lot . Mr . Bona ' s legal 14 counsel , Mr . Berndt , suggested a hardship could also be no 15 access to 27th Avenue, the irregular- shape of the lot and the 16 internal traffic circulation pattern . Mr . Bona has agreed to 17 no curb cuts on 27th Avenue. 18 19 Councilmember Marks cautioned that economic hardship can never 20 be the basis for granting a variance and is not legally viewed 21 as a hardship . In this particular case the shape of the lot 22 and eliminating the need to move the gas pumps are acceptable 23 conditions . 24 25 Motion by Marks , second by Wagner to approve the setback variance requested by James Bona for the Unocal service station at 2812 27th Avenue Northeast based on the same 28 conditions as cited by the Planning Commission 29 30 31 Motion carried unanimously 32 33 34 UNFINISHED BUSINESS 35 36 37 a . Ordinance No. 1993-007 ; Re : Business Identification Signs 38 (Third Reading) 39 40 Commissioner Werenicz stated that members of the Planning 41 Commission were surprised at the action of the Council to 42 approve the sign located at the Northgate Office Park. This 43 action was viewed by the Planning Commission as granting a 44 sign variance by being threatened with legal action by the 45 owner of the Office Park . 46 47 He stated that the Planning Commission is opposed to an 48 ordinance which would allow this . He cited the Kentucky Fried 49 Chicken establishment which could use this same ordinance in 50 this way . •