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City Council Regular Meeting Minutes • January 27, 1998 Page 4 1 Motion carried unanimously. 2 VII. REPORTS. 3 A. Planning Commission - January 20. 1998. 4 1. Tony Farald; for Smart Stop, 3259 Stinson Boulevard, Request for a Sideyard 5 Setback Variance. 6 Planning Commissioner Jim Gondorchin was present to report on the issues addressed at the 7 January 20, 1998, Planning Commission Meeting. 8 Commissioner Gondorchin reported that Tony Farald, owner of the Conoco gas and convenience 9 store at 3259 Stinson Boulevard is requesting a six foot sideyard setback variance in order to put 10 a roof and door on an enclosure that is attached to the principal structure. This enclosure is 11 currently used to store recyclable items and milk crates but is outside and has been subject to 12 vandalism. The proposed change will eliminate a public health and safety hazard. 13 Commissioner Gondorchin reported that the proposal had been before the Commission 14 previously for a concept review and had been well received. The Planning Commission 15 recommended approval of the sideyard setback based on the following hardship: 1. The current structure is a legal non-conforming structure which was in place when the City's Zoning Ordinance was codified in 1976 and that the imposition of that City 18 Ordinance restricted the ability of this grandfathered structure to make any adequate 19 improvements for the purpose of public health and safety; 20 2. It was indeed the City Ordinance that imposed the hardship; and 21 3. The property is unique in so far as the structure was already in place when the City 22 Ordinance went into effect. 23 Commissioner Gondorchin also noted that the proposal will not alter the character of the 24 neighborhood and is not based solely on economic considerations. 25 Marks asked if there was any verbiage in the City Code to address structures which were 26 grandfathered in. 27 Morrison stated it is generally the opinion of the City Attorney that once a structure is changed in 28 shape or form, it loses its grandfather status and is subject to current codes. 29 Motion by Thuesen, second by Faust to approve the six foot sideyard setback variance for the 30 property located at 3259 Stinson Boulevard based on the findings of the Planning Commission. 31 Motion carried unanimously. 0 2. . Alan Chazin, for 3301 Stinson Boulevard(old Clark Station); Request for Property 33 Subdivision.