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Planning Commission Minutes December 27, 1995 Page 6 . COMMISSIONER KUESTER MOVED TO REQUEST THE STEERING COMMITTEE TO ACT ON A RECOMMENDATION FOR THE CREATION OF A NEW NEIGHBORHOOD jCOMMUNITY-TYPE ZONING DISTRICT. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. Staff report by Gary Schmitz. Mr. Weicht is requesting a 5 foot side yard setback vaiance for a 100' by 120' addition to the existing 166' by 120' Furniture and Things warehouse, located at 17201 Ulysses Street. Enclosed warehousing is a permitted use in this zoning district (11). In reviewing the site plan for the proposed addition, staff discovered that the existing building had a 20 foot side yard setback, rather than the required 25' setback. When the building was constructed, staff inadvertently determined the south property line as the rear of the property, due to the location of the existing cul-de-sac. Since Ulysses Street is proposed to extend south in the future, the south property line should have been determined as a side lot line. The applicant wishes to follow the same building setback of 20 feet for the new addition. Staff feels that the 5 findings for granting a variance can be met and recommends approval of the variance . Gary Schmitz noted that staff is studying whether or not a 25 foot setback is necessary in the industrial zoning districts, and may bring forth an ordinance amendment requesting this change in the near future. Chair Tveite opened the public hearing. Harold Novotny, 9884 174th Avenue NW, property owner south of the subject property, questioned what is being done about the water drainage problem. Gary Schmitz e)'tplained the drainage plan that staff has discussed with the developer. Mr. Novatny questioned how the property owner would be able to back in his semi-trailer trucks if the wide drive were cut off. Terry Maurer, City Engineer. stated that the developer has indicated that the area in question is mainly used as a turn-around, but that if it is to be used as a driveway, it will need to be made narrower and a culvert placed under it with a swale on both sides. Gary Schmitz stated that this requirement will be part of the site plan approval which must be met before a building permit will be issued. Chair Tveite closed the public hearing. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUESTED BY JOHN WEICHT AND ASSOC. AND THE FEE OWNER - LARRY HICKMAN, PUBLIC HEARING, CASE NO. V 94-15, BASED ON THE INFORMATION IN STAFF'S MEMO, INCLUDING THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY HARDSHIP BY CREATING A NONCONFORMING SITUATION FOR THE EXISTING BUILDING. . 2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER'S ACTION BUT DUE TO AN OVERSIGHT BY CITY STAFF.