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Elk River City Council <br />January 23, 1995 <br />Page 9 <br />7.7. Variance Reauest by John Weicht and Associates Public Hearing Case No V 94- <br />TS <br />Planning Assistant Gary Schmitz stated that John Weicht and Associates is <br />requesting a five foot sideyard variance fora 100 foot by 120 foot addition to the <br />existing Fumiture and Things warehouse in the Rail 10 subdivision. Gary Schmitz <br />reviewed the staff report on this request. <br />Mayor Duitsman opened the public hearing. <br />Harold Novotney, 9884 174th Avenue NW, indicated his concern regarding <br />drainage onto his property. He suggested that the City put an 18 inch the <br />underground to correct the drainage problem. He further stated that there are <br />other properties other than Furniture and Things that drain onto his property. Mr. <br />Novotney further stated that there is no easement recorded on the plat. <br />There being no further comments, Mayor Duitsman closed the public hearing. <br />COUNCILMEMBER SCHEEL MOVED TO APPROVE THE FIVE FOOT VARIANCE <br />REQUESTED BY JOHN WEIGHT AND ASSOCIATES BASED ON THE INFORMATION IN <br />STAFF'S MEMO INCLUDING THE FOLLOWING FINDINGS: <br />1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNNECESSARY <br />HARDSHIP BY CREATING A NONCONFORMING SITUATION FOR THE EXISTING <br />BUILDING. <br />2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER'S ACTION, BUT <br />DUE TO AN OVERSIGHT BY CITY STAFF. <br />3. GRANTING THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT <br />THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY OF ELK <br />RIVER, OR THE GENERAL AREA WHERE THE PROPERTY IS LOCATED. <br />4. GRANTING THE VARIANCE WOULD ALLOW FOR A CONSISTENT BUILDING <br />LOCATION ALONG THE ENTIRE SOUTH PROPERTY LINE. <br />AND FURTHER THAT STAFF SHOULD CONTINUE TO RESEARCH THE DRAINAGE ISSUE ON <br />MR. NOVOTNY'S LAND. COUNCILMEMBER FARBER SECONDED THE MOTION. THE <br />MOTION CARRIED 5-0. <br />7.8. Kingman Buildina Comoanv Reauest for a Zone Chanae. Public Hearina. Case <br />No. ZC 94-16 <br />7.9. Kingman Buildina Company Reauest for Preliminary Plat, Country Ridae <br />Townhomes. Public Hearina. Case No. 94-13 <br />7.10. Kingman Building Comgany Reauest for a Conditional Use Permit, Public Hearings <br />Ccse No. CU 94-36 <br />City Planner Steve Ach stated that the Kingman Building Company is requesting <br />the following: <br /> <br />