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Resolution 2022-66 <br />Page 2 <br />g. The property is contaminated with asbestos and lead. The hazardous waste <br />is proposed to be cleaned up with the development of the property and <br />taken to a hazardous waste site. This will remove the hazards for getting <br />into Egg Lake and the soils. <br />h. The development has a creative layout and creates a traditional downtown <br />atmosphere. The development improved the economic value of the <br />community, while providing public access to an underutilized natural <br />resource and preserving the wetland function on site. <br />i. The development preserves and enhances the economic value and natural <br />environment values and provides for thoughtful use of water and related <br />land resources. <br />j. The Central Business (C-1) zoning district anticipates intense commercial <br />uses that will have increased impervious surface (up to 90%) and <br />buildings that are close together to create a downtown atmosphere. The <br />property is also in the Shoreland Overlay District of Egg Lake. Requiring <br />the applicant to comply with the shoreland setback would have the effect <br />of them only being able to use half of the property for redevelopment. <br />Without the flexibility the applicant could only use approximately half of <br />their property for redevelopment, therefore the property could not be put <br />into reasonable use. The proposed use of the property is reasonable. <br />k. The property is unique in that it is a narrow piece of land between Egg <br />Lake and Highway 61. The strict application of the zoning code would <br />limit the development the property. The site was previously developed <br />with parking lots that do not comply with the shoreland setback, as well as <br />other City zoning regulations. The applicants request is to redevelop and <br />improve the condition of the property. <br />1. Placement of any structure on the property would be visible from Egg <br />Lake. <br />m. The property was previously occupied with residential homes and <br />commercial buildings and had impervious surface that did not meet the <br />shoreland ordinance standards. The character of the area will not be <br />altered by the granting of the variance. <br />n. The spirit and intent of the shoreland ordinance is primarily to keep the <br />buildings and parking lots a reasonable distance from the lakes to protect <br />them from pollution. The buildings do meet the required building setback <br />for the shoreland district. The applicant is providing stormwater treatment <br />which will reduce the runoff into the lake and improve water quality of the <br />lake. It's in staff opinion that the granting of the variance would be <br />keeping with the spirit and intent of the ordinance. <br />4. The developer shall comply with all conditions in the resolution for the preliminary <br />plat(Resolution#2022-67) <br />5. The developer shall comply with all conditions in the City Engineer's letter dated <br />September 1, 2022.