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City Council Regular Meeting Minutes 03 March 23, 2004 Page 3 1 owner, the variance would not alter the character of the neighborhood and the Planning 2 Commission agreed the placement of the house on the lot created a hardship. 3 4 Councilmember Faust asked if Chair Stromberg agreed the hardship was not created because of 5 health issues. Chair Stromberg replied Mrs. Peterson's health issues were not considered the 6 reason for the hardship. 7 8 Motion by Councilmember Thuesen, seconded by Councilmember Faust,to adopt Resolution 9 04-029 approving a variance request for property addressed as 2601 —3151 Avenue NE. 10 11 Discussion: 12 13 Councilmember Stille indicated he generally agreed with the motion; however, he stated the 14 issue of the fence and the shed that was located on the property line concerned him. He noted he 15 understood it was difficult to place a condition on a variance,but he thought it would improve 16 the arrangement if there was more conformity to the Code. 17 18 Mr. Peterson stated the shed was 15 feet from the street. Councilmember Stille responded the 19 site plan indicated it was on the property line. 20 21 Councilmember Faust asked if this was a nonconforming use. He noted that probably should be 22 a question for staff. He added it would not weigh against granting the variance but should be 23 considered. Councilmember Stille responded he assumed it had been considered; however,he 24 could not confirm that it had been considered. He suggested conformance would be needed if 25 this was a nonconforming use. 26 27 Motion carried unanimously. 28 29 2. Resolution 04-030, re: Tires Plus, for Lot 8, Block 7, Mounds View Acres Second 30 Addition(property next to Twin City Federal on Silver Lake Road), conditional 31 use permit and an administrative subdivision request. 32 Planning Commission Chair Stromberg indicated on March 16, 2004, the Planning Commission 33 held a public hearing for a conditional use permit and an administrative subdivision request for a 34 Tires Plus Store on Silver Lake Road on property adjacent to Twin City Federal. He explained a 35 concept plan for the property was reviewed by the Commission at its February 17, 2004, 36 meeting. He noted the property was zoned commercial and the proposed use was a permitted 37 conditional use in a C district. 38 39 Chair Stromberg stated the applicant was currently located next to the City liquor store on the 40 west side of Silver Lake Road; however, the existing building was being purchased and 41 demolished to accommodate the redevelopment of Apache Plaza. 42 43 Chair Stromberg indicated, following the public hearing held on March 16, 2004, the Planning 44 Commission recommended Council approve said requests with the following conditions: 45 1. Hours of operation would be 7:00 a.m. to 8:00 p.m. on weekdays and 7:00 a.m. to 5:00 46 p.m. on weekends.