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Planning Commission Regular Meeting Minutes December 20, 2011 Page 3 Motion by Commissioner Niccum, second by Commissioner Crone, to recommend that the City Council approve the application for a sign variance based on the following findings of fact: 4 a. That the property cannot be put to a reasonable use without the variance due to the 5 architecture in the planned development; 6 b. That the circumstances causing the practical difficulty were not created by the owner; 7 C. That the variance, if granted, will not alter the essential characteristics of the locality; 8 d. That economic considerations alone are not the basis for the practical difficulty; 9 e. That the circumstances causing the practical difficulty are unique to the individual lot; 10 and I 1 f. The granting of the variance is in keeping with the spirit and intent of the Zoning Code 12 and Comprehensive Land Use Plan. 13 14 Chair Jensen suggested adding language that the variance runs with the property and is specific 15 to this particular property requested by this particular user. He indicated the City does not have a 16 place in the Code that makes this variance disappear if the user disappears and the Code would 17 grant two signs for a future user with two frontages. 18 19 Motion carried 6 -0. 20 21 VIII. CONCEPT REVIEWS. 22 23 1. THREE RIVERS PARK DISTRICT — SILVERWOOD PARK LAKESHORE 24 SETBACK VARIANCE 25 26 Assistant City Manager Moore -Sykes explained that an application was received on December 27 13, 2011, from Three Rivers Park District for property located at 2500 County Road E, zoned 28 Recreation Open Space. She stated that staff met with Mr. Tom Moffatt of Three Rivers 29 regarding their request to have a 12'x18' storage shed for canoe rentals adjacent to the fishing 30 piers and walking trails and located 80' from Silver Lake. She stated that § 152.159 of the City 31 Code provides dimensional regulations for accessory buildings and Three Rivers Park District is 32 requesting a 120' variance to the 200' setback requirement. She advised that the variance is 33 needed to allow staff for the canoe rental to be located near the lakeshore and not having 34 immediate access to the lake creates a dangerous situation for visitors to the park. 35 36 Mr. Tom Moffatt, Park Supervisor for Silverwood Park, appeared before the Planning 37 Commission and presented a map of Silverwood Park and the proposed canoe rental facility. He 38 stated that canoe rental facilities at other parks are typically located close to the launch area so 39 attendants can be on -site to assist renters with loading and unloading, launching canoes, and 40 observing people to ensure compliance with rules. He indicated they also like to have a safety 41 boat located close to the water's edge and the 200' setback at Silverwood Park would put it next 42 to the visitor center up a steep hill. He stated that they are asking for a larger shed at Silverwood 43 Park because they hope to have canoes, kayaks, and stand -up paddleboards available for rental, 44 which will require additional storage space. He advised that the rental facility would be 45 operational from Memorial Day to Labor Day and the age for rental is 16 and up unless 46 accompanied by a parent. He stated the storage shed would include a heavy steel locking garage