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Page 9 <br /> <br />THE HARDSHIP CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT <br />DIFFICULT TO CONTRACT A BUILDING AT THE SETBACK LINE, DUE TO THE <br />DROP-OFF, WHICH WOULD REQUIRE EXTENSIVE FILL AND THE LOSS OF <br />SEVERAL MATURE TREES. <br /> <br />THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br />CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION, BUT <br />RATHER A RESULT OF THE TOPOGRAPHY OF THE SITE. <br /> <br />THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE <br />HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OR THE <br />NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL BE IN <br />KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. <br /> <br />THE PROPOSED POLE BARN DOES NOT EXCEED 1620 SQUARE FEET, IN ORDER <br />TO COMPLY WITH THE MAXIMUM ACCESSORY STRUCTURE AREA ALLOWEDIN <br />THIS ZONING DISTRICT. <br /> <br />THE PROPOSED POLE BARN WILL BE MOVED AS FAR SOUTH AS POSSIBLE <br />WITHOUT REQUIRING CUTTING DOWN THE MATURE TREES LOCATED ON THE <br />PROPERTY. <br /> <br />o <br /> <br />THE EXISTING YARD BARN AND DOG KENNEL WILL BE MOVED TO THE REAR <br />OF THE PROPERTY AND BOTH WILL BE REQUIRED TO MEET ALL SETBACKS. <br /> <br />COUNCILMEMBER SCHEEL SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />8.8. Derrick Investment Company Request for Rezoninq, Case No. ZC 96-14 <br /> <br />8.9. <br /> <br />Derrick Investment Company Request for Conditional Use Permit, Case No. CU 96- <br />]9 <br /> <br />8.10. Derrick Investment Company Request for Preliminary Plat Approval, Elk Run, Case <br /> No. P 96-9 <br /> <br />City Planner Steve Ach indicated that the City Council is requested to consider <br />the following applications: <br /> <br />Rezoning of approximately 14 acres from R lc (single family residential) to <br />PUD (Planned Unit Development) <br /> <br />A preliminary plat request to subdivide approximately 17 acres into 11 <br />single family lots and 14 townhome lots <br /> <br />A conditional use permit request for site plan review of a proposed <br />townhome project as a planned unit development. <br /> <br />Steve Ach reviewed the staff repod on these three applications. He indicated <br />that staff is not in suppod of the rezoning request. Steve Ach indicated that staff <br />would support the rezoning request if it were to include the four single family lots <br />proposed for the southwest corner and modifications were made to the site plan <br />to respect the natural features along the southwest podion of the property. <br /> <br /> <br />