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City Council Regular Meeting Minutes <br /> June 24, 1997 <br /> • Page 4 <br /> 1 1. Strict enforcement would cause a hardship due to the configuration of the structure and <br /> 2 existing traffic lanes; <br /> 3 2. The hardship was not created by the landowner but is unique to the individual and this <br /> 4 lot as this is a remodel/redevelopment; and, <br /> 5 3. This variance is within the'spirit of the redevelopment of St. Anthony and economic <br /> 6 considerations are not the sole criteria. <br /> 7 Marks questioned landscaping on the site. <br /> 8 Commissioner Gondorchin stated this is included in condition #1 of the conditional use <br /> 9 permit. <br /> 10 Wagner noted this was a condition of the original conditional use permit and was never <br /> 11 completed. <br /> 12 Commissioner Gondorchin agreed with this statement. He explained Mr. Rosar felt he had <br /> 13 been lied to in regard to the development of Apache Plaza and did not feel it was <br /> 14 economically feasible to improve the site prior to CUB Foods locating at Apache Plaza. <br /> 15 Mayor Ranallo questioned the rationale for approval of the requests and noted that CUB <br /> VFoods has been in the process of locating at Apache Plaza for eighteen months. <br /> 17 Commissioner Gondorchin stated the basis for approval is that the addition will result in 75% <br /> 18 new construction and will be an aesthetic improvement. If the requests are not granted, the <br /> 19 business can continue to operate in its current state under the conditions of the original <br /> 20 conditional use permit. He noted another factor was that Mr. Rosar could renovate the <br /> 21 building without granting of the variance or the conditional use permit. <br /> 22 Faust noted condition 42 for granting a variance which states, "The purpose of the proposed <br /> 23 variance is not based exclusively on the desire to increase the value or income potential of the <br /> 24 parcel of land but would correct extraordinary circumstances applicable to this property but <br /> 25 not applicable to other property in the City or zoning district". He then questioned how the <br /> 26 Planning Commission answered this condition. <br /> 27 Commissioner Gondorchin acknowledged that Mr. Rosar was performing the addition for <br /> 28 economic reasons. The Planning Commission considered this as a redevelopment and keeping <br /> 29 in the spirit of redevelopment of the entire area. Also aesthetically, the addition will be much <br /> 30 better than what is currently located on the site. <br /> 31 Marks noted granting of a variance requires that the physical shape of the property causes a <br /> 32 hardship. He questioned what physical conditions were taken into account for this variance. <br /> Commissioner Gondorchin indicated the position of the lot to the road and the area around the <br /> 4 building including the portion in the back of the building which is an easement belonging to <br />