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Planning Commission Meeting Minutes September 26, 1995 Page 11 . 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE HARDSHIP BY CREATING A SITUATION WHERE LEGAL LOTS OF RECORD WOULD BE UNBUILDABLE. 2. A STREAM SETBACK VARIANCE AND MINOR FRONT YARD SETBACK VARIANCE ARE A MORE ENVIRONMENTALLY SOUND ALTERNATIVE TO THE OTHER OPTION OF RELOCATING TH,I: STREAM/DITCH. RELOCATION OF THE STREAM WOULD REQUIRE THE REMOVAL OF A STAND OF OAK TREES WHICH PROVIDES A BUFFER BETWEEN THE SUBDIVISION AND RAILROAD TRACKS. THE RELOCATION OF THE STREAM/DITCH WOULD ALSO INVOLVE THE EXCAVATION OF A SMALL HILL THAT WOULD LIKELY LEAD TO AN EROSION PROBLEM IN THE FUTURE. . 3. THE VARIANCE WAS CAUSED BY A UNIQUE CIRCUMSTANCE STEMMING FROM CONFUSION BETWEEN THE DEVELOPER, CITY, COUNTY AND DNR REGARDING JURISDICTION OF THE STREAM/DITCH WHEN MEADOWVALE HEIGHTS WAS PLATTED IN 1993. IT WOULD NOW BE VERY DIFFICULT TO TRY AND REMEDY THIS SITUATION DUE TO THE FACT THAT THE INFRASTRUCTURE RELATED TO THE SUBDIVISION IS ALREADY IN PLACE (I.E. STREETS, SEWER AND WATER LINES, ETC.) 4. THE VARIANCE WOULD NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED. BOTH LOTS 3 AND 4, BLOCK 2, MEADOWVALE HEIGHTS SECOND ADDITION ARE BUFFERED ON BOTH THE EAST AND WEST SIDE BY A WETLAND. DUE TO THE DISTANCE BETWEEN THE ADJACENT HOMES WITHIN THE PLAT -APPROXIMATELY 150 FEET - THE SETBACK VARIANCES WILL BLEND WITH ADJOINING NEIGHBORS AND NOT BE OUT OF CHARACTER FOR THE PARTICULAR AREA. COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. staff report by steve Ach. Novco, Inc. is requesting a conditional use permit to construct a second principal structure and operate a truck terminal on an industrial lot, Lot 4, Block 1, in the Rail 1 0 Industrial Park. In 1993, Novco, Inc. received site plan approval for a 2,560 square foot building to be used for storage and warehousing. The proposed second principal building (26' x 20') will serve as an office area. Staff believes a better interpretation of the current operation is a truck terminal; therefore, this conditional use permit has been expanded to include a truck terminal, as well as the second principal use. Staff has requested information regarding the existing septic system to ensure the proposed building does not interfere with its operation. Further, staff recommends that installation of the bituminous surfacing and landscaping requirements of the 1993 site plan approval be a condition of approval for this conditional use permit, and that the improvements be installed prior to June 1 st of 1996. Staff also recommends that the applicant install curb and gutter along with the paving of their parking and drive areas. . Harold Novotny, applicant, provided information regarding the septic system. Mr. Novotny stated that he felt the 3-1/2" to 4" of millings used on the drive isles and parking area better serve the use and that bituminous surfacing is not necessary.