12-16-1996 CC MIN - Laserfiche WebLink

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Elk River City Council Meeting December 16, 1996 Page 8 topography make access fo the rear difficult. He further indicated that it would be nearly impossible to plow snow with any more than one foot of grass. There being no further comments, Vice Mayor Holmgren closed the public hearing. COUNCILMEMBER SC:HEEL MOVED TO APPROVE A NINE FOOT VARIANCE TO ALLOW PAVEMENT WITHIN ONE FOOT OF THE WEST PROPERTY LINE ALONG THE WEST SIDE OF THE EXISTING BUILDING BASED ON THE FOLLOWING FINDINGS: THE LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP FOR THE APPLICANT BECAUSE THE ONLY REASONABLE ACCESS TO THE REAR OF THE LONG NARROW LOT IS ALONG THE WEST SIDE OF THE EXISTING BUILDING. IN ORDER TO PROVIDE THE NECESSARY ACCESS, THE PAVEMEN'I' WILL HAVE TO BE WITHIN 1-0 FEET OF THE WEST PROPERTY LINE ADJACENT TO THE EXISTING BUILDING. THE SPECIAL CONDITIONS WHICH ARE PECULIAR TO THIS PROPERTY IS ITS LONG NARROW DIMENSIONS AND THE STEEP SLOPE DOWN TO THE REAR OF THE LOT. LITERAL APPLICATION OF THE ORDINANCE WILL DEPRIVE THE APPLICANT PROPERTY RIGHTS ENJOYED BY OTHER F'ROPERTIES IN THE NEIGHBORHOOD. THEkE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS THAT ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTIONS IN THAT THE LOCATION OF THE BUILDING, SHAPE OF THE LOT, AND TOPOGRAPHY WERE NOT A RESULT OF ANY ACTIONS MADE BY THE APPLICANT. THE GRANTING OF THIS VARIA~'~CE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE NEIGHBORHOOD PROVIDED DRAINAGE IS CONTROLLED BY CURBING AND AT LEAST 1 FOOT OF GRASS BETWEEN THE PAVEMENT AND THE WEST PROPERTY LINE. COUNCILMEMBER FARBER SECONDED THE MOTION. THE MOTION CARRIED 4-0. COUNCILMEMBER DIETZ MOVED TO APPROVE THE CONDITIONAL USE PERMIT TO CONSTRUCT A SECOND BUILDING ON THE SITE TO BE USED AS A WAREHOUSE WITH THE FOLLOWING CONDITIONS: THERE SHALL BE NO PAVEMENT WITHIN 10 FEET OF ANY PROPERTY LINE WITH THE EXCEPTION OF THE AREA TO THE WEST OF THE EXISTING BUIDING WHERE PAVEMENT WILL BE ALLOWED WITHIN 1 FOOT OF THE PROPERTY LINE. 2. SIGNAGE SHALL BE MADE TO COMPLY WITH THE SIGN ORDINANCE. THE SEMI-TRAILER CURRENTLY PARKED ON SITE AND USED AS STORAGE SHALL BE REMOVED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. 4. NO OUTDOOR STORAGE WILL BE ALLOWED.