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Planning Commission Meeting Minutes July 15, 2003 Page 11 the outside Patio to the east side of the building; 9. Consider screening of the roof-top 2 ventilation systems; 10. Investigate options to break up the mass on the north side of the 3 building; 11. Landscape the north side of the building; 12. Conform the design and model to the 4 Savage store; 13. Hours of operation coincide with liquor store service hours. 5 6 The Commissioners recommended approval of the liquor store conditional use permit, with no 7 conditions attached. 8 Motion carried unanimously. 9 10 Chair Melsha reviewed the variance issues with the Commission. 11 12 Commissioner Tillman clarified her concerns with the front yard setback and reviewed with the 13 Commission. She acknowledged that the plan currently proposes a good buffer noting that it 14 could become an issue if the streets should ever need to be reconfigured. She expressed 15 concerns that too much is being placed on the site. She expressed concerns that there would not 16 be enough parking. 17 18 Commissioner Hanson expressed concerns that they have not identified all of the tenants yet. He 19 noted that they could place the restaurant and liquor store, without the other tenants and probably 20 be very successful. He expressed concerns that this is too much between the parking variance 21 and the setback variances. Chair Melsha explained that it would be too difficult to do anything 0 on this parcel without variances. 24 Commissioner Stromgren stated that he is inclined to recommend the front yard variances in the 25 interest of maximizing parking. Chair Melsha stated that he is inclined to approve all three 26 variances and reviewed his concerns with the Commission. Commissioner Hoska agreed with 27 Commissioner Stromgren to grant variances C through F. He stated that he has discussed the 28 restaurant with several residents noting that they do want the restaurant. He agreed that it is an 29 odd shaped lot adding that the architect and developer have done a good job making it work. 30 31 MOTION—Variance 1 32 Motion by Chair Melsha, seconded by Commissioner Stille, to recommend approval of the two 33 front yard setback variances of 30 feet and 5 feet based on findings for undue hardships with 34 parcel; 1. The property is currently blighted, poorly planned with regards to layout and is an 35 overall detriment to the area. 2. Undue hardship exists based on the following: The hardship is 36 a result of an oddly shaped parcel that is generally triangular in shape with a rounded side. 37 These circumstances are not caused by the applicant or property owner. Also, the additional 38 land between the property line in question and the adjacent streets mitigates the impact of the 39 variance. The variance, if granted, would not alter the essential character of the locality, but 40 would essentially replace existing blighted structures with new, more aesthetically pleasing 41 buildings; The property cannot be put to reasonable use without the requested variance because 42 even reconstructing the existing blighted buildings on the same footprints would require set back 43 variances; Economic consideration alone are not the basis for better layout; 3. The circumstances creating this hardship are unique to this oddly shaped property; The variance will 10 allow the property to maximize parking; 4. Granting of the variance will keep within the spirit 46 and intent of zoning code and further, it is consistent with the City's Comprehensive Plan.