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-12- <br /> 1 Nay: Franzese, Jones and Bowerman: <br /> 2 <br /> 3 Motion failed. <br /> 4 <br /> 5 Commissioner Jones explained his .vote by saying the information that Standard's <br /> 6 pumps had been closer to the .street than the proposed pumps would be had caused <br /> 7 him to reevaluate his opposition, perceiving that if the City permitted those <br /> 8 pumps to stay in that location, it might be-permitting the continuation of an <br /> 9 existing hazard. The Commissioner indicated he .wondered if the Amoco request. <br /> 10 might, in fact, be increasing the safety on that corner. <br /> 11 <br /> 12 Mr. Filippi told him Amoco 's pumps would- actually be 35 feet from the curbline on <br /> 13 Silver Lake Road and Commissioner Bowerman commented that he perceived that infor- <br /> 1 4 mation should answer. the concerns about a .car careening off the street into the <br /> 15 pumps. The Commiss-ioner also disputed the-findings in the motion related to the <br /> 16 hardship which must be proved-which Commissioner Bowerman indicated he perceived <br /> 17 had been satisfactorily addressed in .the statement: Amoco 'had made on the back of <br /> 18 their application. <br /> 19 <br /> 20 Commissioner Bjor.klund indicated- he..perceived there were some on the Commission <br /> 21 who did not believe the hardship had been satisfactorily addressed by the pro- <br /> 22 <br /> ro22 ponent and he persisted in his belief that granting the requested variances would <br /> 23 intensify the traffic on that alreadydangerous corner and would not be a service <br /> 24 to the community. He reiterated that he recognized that Amoco could build their <br /> 25 station without the variances, but said he wanted them to do so without the <br /> 26 blessings of the City. The Commissioner .indicated he perceived that by forcing <br /> • <br /> 27 the downsizing of the number of pumps, the. City might even be increasing the safety <br /> 28 of that area. <br /> 29 <br /> 30 Mr. Filippi said he .sensed that' it was the pump location that made the difference <br /> 31 in how the Commission voted, and said. that, although Amoco was removing all the <br /> 32 pumps on the 37th Avenue side of. the station, they would now be willing to slide <br /> 33 the proposed pumps back five feet to comply with the Ordinance, if the canopy <br /> 34 can be retained as proposed. <br /> 35 <br /> 36 Motion by Commissioner Bowerman and seconded by Commissioner Hansen to recommend <br /> 37 the City Council grant the request from -Amoco Oil Company for a 10 foot setback <br /> 38 variance from .the 30 foot setback required in the City Ordinance which would allow <br /> 39 . the construction of 'a canopy in conjunction with the construction of a new gas <br /> 40 station to be located .at 3700. Silver Lake Road, finding that the following state- <br /> 41 ments which the proponent had included in their December 26, 1984 application <br /> 42 for the variance addressed the hardship aspects required to be considered in <br /> 43 granting this variance: <br /> 44 <br /> 45 1 . On this lot several factors combine to create the conditions necessitating <br /> 46 a.-variance from the front yard setback requirements on Silver Lake Road. <br /> 47 The frontage on 37th Avenue N.E. (,118.8) is extremely narrow for the combined <br /> 48 side yard and front yard. setback requirements of 50 feet. The only other <br /> 49 manner in which this facility could be situated (rotating the site plan 90 <br /> 50 degrees)- is impractical due .to the front yard setback from 37th Avenue N.E. <br /> 51 andthe steep drop off to the railroad tracks. Also, the bridge over the <br /> 52 tracks restricts the access to Silver Lake Road in such a manner to create <br /> 53 poor on-site traffic circulation. The lot tapers from south to north, thus <br /> 54 at the front yard setback from 37th Avenue N.E. , the lot is narrower than the <br /> 55 frontage indicates. <br />