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Planning Commission Meeting Minutes July 15, 2003 Page 12 toMotion carried 5— 1 (1 Nay—Commissioner Tillman). 2 3 MOTION—Variance 2 4 Motion by Chair Melsha, seconded by Commissioner Stromgren, to recommend approval of the 5 one rear yard setback variance of 10 feet for a proposed setback of 10 feet at the southeast corner 6 property line jog. 1. The property in question is currently blighted and poorly planned with 7 regards to layout and is an overall detriment to the area. 2. Undue hardship exists based on the 8 following: Circumstances creating the hardship is an irregular parcel with a jog, not the result of 9 the owner/applicant; The variance, if granted, would not alter the essential character of the 10 locality as there is sufficient room between the property line and adjacent buildings and streets; 11 Also, the project improves the rear yard set back condition as compared to the existing blighted 12 buildings; Economic considerations done are not the reason for the variance request; Because of 13 the overall shape of the parcel, the property cannot be put to reasonable use without the need for 14 variances; 3. The variance will maintain the spirit and intent of the zoning code. 4. The 15 circumstances creating the need for the variance are unique to this property because of its' odd 16 shape. 17 18 Motion carried unanimously 19 20 MOTION—Variance 3 21 Motion by Chair Melsha, seconded by Commissioner Hanson, to recommend approval of the parking variance of 27 stalls for a proposed 120 parking stalls for a sit down restaurant and ib adjacent retail. (147 required). Based on the following findings: 1. The property in question is 24 currently blighted, is poorly planned and is overall a detriment to the locale. 2. An undue 25 hardship would result if strict adherence to the ordinance were required, based on the following: 26 The hardship results from the odd shape of the parcel, and was not created by the 27 owner/applicant; The variance would not alter the essential character of the locale, but would 28 represent an improvement to the area; The property cannot be put to reasonable use without the 29 variance because of its' odd configuration; Economic conditions alone are not the basis of the 30 hardship. 3. The circumstances creating the hardship are unique to this property. 4. The 31 granting of the variance will maintain the spirit of the zoning code because of the staggered peak 32 business times for the proposed uses of the property, which will allow for adequate parking for 33 all the uses at any given time of day. 34 35 Motion carried 5-1 (1 Nay-Commissioner Hanson). 36 37 Motion by Chair Melsha, seconded by Commissioner Stille, to recommend approval of the 38 administrative subdivision request. 39 40 Motion carried unanimously 41 42 Chair Melsha called a five-minute break at 9:34 p.m. 43 16 Chair Melsha called the meeting back to order at 9:40 pm. 46-