04-27-2004 BA MIN - Laserfiche WebLink

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Board of Adjustment Minutes April 27,2004 Page 2 • There being no further public comment,Chair Pederson closed the public hearing. Commissioner Curtis asked if some of the trees could be planted in the western portion of the property that is not proposed to be developed at this time. Mr.Harlicker stated that this would be an option. Chair Ropp asked if the additional landscaping could be required when this portion of the property is developed. City Attorney Peter Beck stated that if the variance is approved,only a total of 33 trees could be required. An alternative would be to deny the variance and allow the applicant to phase in the planting of the last 11 trees when the remainder of property is developed. He stated that this could be discussed as part of the conditional use permit review. Commissioner Curtis asked what the remainder of the property could be used for. Mr. Harlicker stated that it could be used to expand the outdoor storage. City Attorney Beck asked if the drainfield and drainage pond was currently in this area. Mr. Mr.Harlicker stated yes. Commissioner Offerman asked if the required 44 trees includes screening the undeveloped area. Mr.Harlicker stated no. He explained that an amendment to the conditional use permit would be required to expand into this area and additional screening would likely be required at that time. Commissioner Lemke asked how many trees are required by the ordinance. Mr.Harlicker stated that 44 trees are required. • Commissioner Pederson stated that he opposed granting the variance since the request does not meet the five findings required in the ordinance. Commissioner Anderson stated that he was also not in favor of granting the variance. He felt that there were other areas on the site to plant trees and that the applicant does not need to try and squeeze all the required trees on the sides of the building. Chair Ropp concurred with comments expressed by Commissioners Anderson and Pederson. MOTION BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER ANDERSON TO DENY THE REQUEST BY OLSON GENERAL CONTRACTORS FOR A VARIANCE TO THE CITY'S LANDSCAPE ORDINANCE,CASE NO.V 04-02,BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT CAUSE UNDUE HARDSHIP. THERE IS SUFFICIENT SPACE ON THE SITE TO PLANT THE REQUIRED NUMBER OF TREES. THE APPLICANT COULD REDUCE THE NUMBER OF REQUIRED TREES BY PLANTING LARGER TREES AND RECEIVING CREDIT. 2. THE PROPERTY IS SIMILAR IN SIZE TO THE OTHER LOTS TO • THE NORTH AND SOUTH. THE DIMENSIONS OF THIS LOT ARE NOT PECULIAR OR SPECIAL BUT ARE CHARACTERISTIC