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Board of Adjustments Minutes <br /> March 23, 1999 <br /> Page 2 <br /> IPCommissioner Kuester questioned how the new building would affect emergency <br /> access to the existing buildings. Steve indicated that some adjustments could be <br /> made to make access possible. Commissioner Kuester also expressed her <br /> concern that such a large portion of the site would be covered with either <br /> buildings or asphalt. <br /> Arnie Mach, applicant, explained his reasons why he did not want to construct a <br /> one-sided building. <br /> Commissioner Mesich stated that the Planning Commission could not grant a <br /> variance if the fire chief cannot accept the proposal. <br /> COMMISSIONER MESICH MOVED TO DENY THE REQUEST BY GOPHER STATE MINI <br /> STORAGE FOR A BUILDING SETBACK VARIANCE AND A PARKING SETBACK <br /> VARIANCE BECAUSE THE FIVE CONDITIONS NECESSARY FOR GRANTING A <br /> VARIANCE CANNOT BE MET. COMMISSIONER CHAMBERS SECONDED THE MOTION. <br /> THE MOTION CARRIED 6-0. <br /> 4.2. Consider Request by Union Congregational Church for Variance, Public Hearing <br /> Case No. V 99-3 <br /> Staff report by Steve Wensman. Union Congregational Church, 1118 4th Street, <br /> has requested a 5 foot variance from the parking setbacks. Steve explained that <br /> the church has submitted an application for a conditional use permit to expand <br /> their existing church. The variance is necessary in order to widen an access drive <br /> • which is already nonconforming and extends 3 feet into the setback. Staff <br /> recommends approval of the request based on the findings in the staff report. <br /> Chair Cote opened the public hearing. There being no comments from the <br /> public, Chair Cote closed the public hearing. <br /> COMMISSIONER THOMPSON MOVED TO APPROVE THE VARIANCE REQUEST BY <br /> UNION CONGREGATIONAL CHURCH, PUBLIC HEARING CASE NO. V 99-2, CITING <br /> THRE WAS NO OPPOSITION DURING THE PUBLIC HEARING, AND BASED ON THE <br /> FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES <br /> WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND <br /> WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR <br /> STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD <br /> DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE <br /> SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 6-0. <br /> F:\SHRDOC\MINUTES\1999\032399BA.DOC <br />