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<br />Planning Commission Minutes <br />December 27, 1995 <br /> <br />Page 3 <br /> <br />. <br /> <br />2. <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP SINCE <br />THE INTENT OF THE ORDINANCE IS NOT TO MANDATE OWNERSHIP OF LAND <br />BUT TO DIRECT LAND USE. <br /> <br />3. REDUCING THE INDIVIDUAL LOT SIZE DOES NOT INCREASE THE DENSITY OF <br />THE DEVELOPMENT OR MODIFY THE CONSTRUCTION OF THE BUILDING. <br /> <br />4. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, <br />SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OF THE NEIGHBORHOOD <br />IN WHICH THE PROPERTY IS SITUATED AND WILL BE KEEPING WITH THE SPIRIT <br />AND INTENT OF THE ORDINANCE. <br /> <br />COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 7-0. <br /> <br />COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY <br />THE CHUBA COMPANY FOR PRELIMINARY PLAT APPROVAL FOR VERNON PLAZA, <br />PUBLIC HEARING, CASE NO. P 94-12, BASED ON THE FACT THAT THERE WAS NO <br />NEGATIVE RESPONSE FROM THE PUBLIC, AND SUBJECT TO THE FOLLOWING <br />CONDITIONS: <br /> <br />1. ASSOCIATION DOCUMENTS FOR THE OFFICE BUILDING AND COMMON <br />SPACE BE REVIEWED BY THE CITY ATTORNEY AND RECORDED WITH <br />SHERBURNE COUNTY. <br /> <br />. <br /> <br />2. <br /> <br />A SEPARATE DOCUMENT BE RECORDED WITH SHERBURNE COUNTY, <br />DEDICATING THE COMMON AREA OF LOT 1, BLOCK 1, VERNON PLAZA, FOR <br />DRAINAGE AND UTILITY EASEMENT PURPOSES. <br /> <br />COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 7-0. <br /> <br />COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY <br />THE CHUBA COMPANY FOR A CONDITIONAL USE PERMIT FOR ZERO LOT LINE <br />DEVELOPMENT BASED ON THE CRITERIA FOR GRANTING A CONDITIONAL USE PERMIT <br />WITH THE FOLLOWING CONDITION: <br /> <br />1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION <br />REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE. <br /> <br />COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. <br /> <br />COMMISSIONER MINTON MOVED TO RECOMMEND THAT THE CITY COUNCIL INITIATE <br />THE PROCESS TO AMEND THE CITY'S ORDINANCE TO MAKE EXCEPTION TO THE <br />MINIMUM LOT SIZES IN THE COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS TO <br />ALLOW ZERO LOT LINE DEVELOPMENT. COMMISSIONER EBERLEY SECONDED THE <br />MOTION. THE MOTION CARRIED 7-0. <br /> <br />. <br /> <br />