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City Council Regular Meeting Minutes August 26, 1997 • Page 4 1 Mr. Lorenz stated that the open grassy area on the southeast portion of the site was used for 2 recreational purposes by the tenants of the building. The garage could not be moved to the 3 east and south as there was a hundred year old oak tree in that area. 4 Marks stated the location of the tree was not justification for granting of a variance. 5 Mayor Ranallo noted that this addition would increase the value of the property and that a 6 variance cannot be granted for the purpose of economic gain. 7 Mr. Lorenz stated he did not believe he would gain any equity in the property. 8 Marks asked if the garage could be built on the south side of the property. 9 Mr. Lorenz stated the ground was too low on the south side of the property. He noted he had 10 three drawings of the proposal at home. 11 Faust questioned if all possible options had been considered. He asked if all the plans had 12 been submitted to Staff. 13 Acting City Manager Moore-Sykes stated she was aware of one other plan being presented to the Public Works Director. He had stated that plan would not work. 15 Faust noted the Council is constrained by the State Statutes and is required to demonstrate 16 that the variance meets the requirements and that there is an undue hardship. This property 17 currently is being utilized without a variance. He suggested Mr. Lorenz work with City Staff 18 and investigate other options for the addition. 19 Mr. Lorenz stated he would withdraw the petition for the side yard setback variance for 3821 20 Foss Road and work with City Staff to determine an alternate solution for the addition. 21 22 2. Ordinance 1997-006, re: Signage for Professional Buildings ( 1st Reading ). 23 Commissioner Makowske reported the proposed amendment to Chapter 14, Signs, adds a 24 definition of a Professional Building to the City's Ordinance and includes Professional 25 Buildings in the requirements for a Comprehensive Sign Plan. The Ordinance has been 26 reviewed and approved by the City Attorney. 27 Section 1., Chapter 14, Section 1400.04, Definitions, of the City Code will be amended to add 28 the following: "Subd. 36 Professional Building. Any multi-story building of 50,000 square 29 feet or more occupied by professional service oriented businesses, such as legal, clinical or 30 health care related retail or service establishments-with parking provided on the tract.of land 31 for use in common by patrons and occupants." Section 2., Chapter 14, Section 1400.09, Subd. 5, Signs Requiring Permits, would be amended qP3 to add "Professional Buildings" in the title and ", strip mall, or professional building" in the 34 contents of the subdivision.