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Planning Commission Regular Meeting Minutes • March 21, 1995 Page 2 1 wooden storage shed and placed it one foot from the south property line. She stated the owner 2 was then contacted by the Building Inspector, as the utility shed was in violation of the City's 3 zoning ordinance because the storage shed was inside the rear yard setback. According to the 4 ordinance, the shed is allowed, as long as it is in the rear yard and not within three feet of the 5 property line. Due to the existing structure and the configuration of the lot, the property has a 6 nine foot rear yard. The structure is in violation because it is in the three foot setback area of the 7 property line. Moore-Sykes reported she has walked the site with the owner to investigate the 8 possibility of locating the shed in a different area. She stated locating the shed on the south side 9 of the facility would cause it to either encroach onto the neighboring property or to be placed on 10 an utility easement. Mr. Teaman's neighbor has indicated he does not want the structure located 11 in the northeast corner of the lot, as it will seem that it is in his front yard. The neighbor stated 12 he is comfortable with where the shed is located now. Moore-Sykes stated the shed currently is 13 located at the loading dock site, which makes it convenient and safe to load and unload product. 14 She indicated moving the shed to another location will make it more difficult to move the 15 product and increase the risk of spillage. She stated Mr. Teaman had painted the inside floor of 16 the shed with an epoxy and also installed a two inch lip at the door to contain a spill if one were 17 to occur. He has agreed to paint the structure to match the existing building. She stated she has 18 spoken with the Assistant Fire Chief and he stated the shed is currently better situated should an 19 incident occur. 20 Commissioner Makowske indicated he had spoken with Fire Chief Richard Johnson and he 21 seemed satisfied that the fire code was being met. Fire Chief Johnson stated that if the materials 22 were stored,inside, special walls and fire doors would need to be installed in the facility to 23 separate the different items. 24 Management Assistant Moore-Sykes reported that according to the owner, there is movement in 25 the industry to change from solvent-based products to water-based products, so some of the 26 concerns the Fire Chief has may be alleviated further down the road. 27 In response to Commissioner Makowske, Management Assistant Moore-Sykes indicated the 28 shed could not be placed anywhere on this lot without requiring a variance. 29 Commissioner Bergstrom asked if Management Assistant Moore-Sykes felt the three 30 requirements for granting of a variance were fulfilled. 31 Management Assistant Moore-Sykes stated the property was configured in a way that there 32 would have to be a variance. The owner also had contacted the City before purchasing the 33 property and was led to believe he would not have any problems. 34 Mr. Dane Teaman, Myers Tire Supply, stated the materials he is storing are sold strictly in the containers they arrive in. He indicated the materials are flammable products. He felt one W advantage of outside storage was that if there was a problem, the Fire Department would not 37 have to enter the building. He stated code would only allow him to store twelve pails of material