2019.09.16 CC Packet - Laserfiche WebLink

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Gopher State Storage Site Plan and Variance Page 5 Setbacks The proposed development complies with the 30-foot front yard (south side) and side yard (east and north) setbacks. The ordinance requires a side yard setback equal to the height of the building, in no case less than 10 feet. The building height is proposed to be approximately 48 feet at the highest point. 39 feet of right-of-way adjacent to TH 61 was dedicated to the City with the previous site plan approval. The right-of-way easement was required as part of the TH 61 corridor plan, which requires a 150 foot wide corridor for future expansion of the road. Since the right-of-way easement was dedicated, setback of the building is measured from the easement line, not the property line. The applicant is requesting approval of a variance from the front yard setback requirements to construct the building 0 feet from the right-of-way easement on the west side of the property, where 30 feet is required by ordinance. The building will be 39 feet from the west property line, consistent with the other existing buildings on the property. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The property does have constraints due to regards to an existing drainage ditch, floodplain, high ground water, wetlands, right-of-way dedication, and a sanitary sewer pipe going through the property. This does limit the buildable area of the property. A three story building with a maximum height is allowed on in the zoning district as well as the proposed use. Requesting a building to be placed the proposed location is a reasonable use of the property.