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MW Section 1665.06 outlines the requirements that must be addressed to qualify for a variance and the process by which a variance is granted. Subd. 3 states that no variance will be granted unless evidence presented discloses the following facts: Strict enforcement would cause undue hardship because: The property cannot be put to a reasonable use without the variance. The warehouse and related office uses of Building Fasteners, as it currently exists, does meet permitted use criteria of the ordinance but does need to provide an additional 11 parking spaces to comply with the City's Zoning Code requirements for parking in this zoning district. To accomplish this compliance, the additional parking spaces with need to be built in the 40- foot front yard setback,which in turn requires a variance. Mr. O'Brien would like to increase the required parking by an additional 8 spaces to better accommodate shift changes and walk-up customers. The circumstances causing the hardship were not created by the owner. The building was originally built in 1981 as Hub Warehouse, owned by Watson/Forsberg and Mr. O'Brien is a subsequent owner. The current 27 parking spaces originally constructed did comply at the time with the number required for the warehouse square footage and six additional spaces apparently reflected the number of employees on the largest shift at Hub Warehouse. Mr. O'Brien's business, over time, has required additional staff to accommodate the needs of his business. As a result this has increased the number of parking spaces required for this site based on the number of employees on the largest shift. The variance,if granted,will not alter the essential characteristics of the locality. The Industrial District is designated for and the regulation of the development of light industry. This designation is due to the proximity of high traffic capacity roadways and rail facilities and accommodating the moving and transport of manufactured products and related services. Approving the variance for additional parking spaces would not alter the essential character of the area due to the requirement of the zoning code for high-density parking areas to accommodate the large number of employees and service providers required by the businesses existing in this zoning district. Economic considerations alone are not the basis of the hardship. While the variance,if approved,would provide for the construction of the minimum number of parking spaces required to satisfy the spirit and intent of the Zoning Code for this zoning district. Including another 8 parking spaces as part of this variance could possibly be seen as economic in nature. The circumstances causing the hardship are unique to the individual lot. The lot is a corner lot, adjacent to a busy county road and requiring a larger set back on the west side of the building. This west side of the lot is also considered the front yard, also requiring a large set back. Also,because the building occupies more than 50% of the lot, the amount of space available for parking is further limited. The granting of the variance is in keeping with the spirit and intent of the Zoning Code. The Zoning Code requires 38 parking spaces for a building this size with the number of employees on the largest shift. Granting a parking variance for the additional 11 spaces would be in keeping with the spirit and intent of the Zoning Code. SF of the property: 37,712 SF SF of the building: 20.851 SF Lot Coverage: 55% (building only) Number of Parking Spaces required: 38 * Proposed: 45 staff: 4 walk-M customer * 1 space per 1,000 SR 21; plus 1 per employee on largest shift:17 Number of Parking Spaces on site: 27 spaces existing as stated on site plan. 07182006 Bldg Fasteners Parking Variance Staff Report.doc