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shrubs, there would be coniferous and deciduous trees. The landscaping would be carried along the entire property line. Johnson stated that AAA Cooper is prepared to put curbing around the entire perimeter of the parking lot if the City specifies that curbing. AAA Cooper suggests that, if the curbing would just be for aesthetic purposes, it would not be visible in any case because there would be a hedge around the parking lot. Instead of spending money on the curbing, putting a sidewalk along Old Highway 8 would be a better investment. About creating an undue hardship by denying the variance, the City granted permits for the fence, which was built in 1970 and 1971. In the early 70's, the average truck trailer was 38 feet long; the average truck trailer is now 53 feet long. If the fence is moved 10 feet farther toward the curb line, the distance between the terminal and the fence would be 110 feet. In other locations, AAA Cooper has a minimum of 135 feet. It is necessary, if you want a well-maintained fence. Currently, as seen in the photos, trucks are damaging the fence. If AAA Cooper does not move the fence, it must constantly repair the fence. The trucks will also sustain damage. AAA Cooper feels moving the fence that distance would be a good investment and would remove the hardship of having to constantly maintain the fence. The existing front setback requirement is 40 feet. The alternative would allow AAA Cooper to move the 40 foot-setback. If AAA Cooper has the two entrances off 14th, it can meet the 14-foot setback in the front. Is 1st Ave NW a street or a side setback requirement? If it is a street, then the setback would be 40 feet, or 20 feet with a Special Use Permit. If it is the side, the setback requirement is only 15 feet. It would depend upon the designation for that street. The issue may be a designation issue. Considering the unique nature of 1st Avenue NW, the variance makes sense. The choice is between granting the variance and getting $200,000 worth of landscaping or having a fence that trucks are constantly damaging. Schiferl asked Teague which street is considered the front of the building. Teague responded that either side requires a 40-foot setback. The setback could be reduced to 20 feet by a Special Use Permit. The front was chosen to be off 14th Street and that is the address. The offices overlooks 14th Street. Johnson stated AAA Cooper does not dispute the designation of 14th Street as the front. AAA Cooper is suggesting an alternative that would allow the site to come into conformance with the setback requirement on 14th Street. AAA Cooper is only suggesting that, rather than designating 1st Ave NW as a street setback, it could be designated as a side setback. Old Highway 8 could have been designated as the side of the building that required to meet the street setback. Teague answered that would only be the case if this were not a public driveway. Then, a side setback of 5 feet would be required. Baker stated that whether the street front is 14th or 1st, the setback is 40 feet. Regarding the longer trailer length, Baker said it appears that double bottom trailers, which are shorter, are stored on the east side of the building. The shorter distance is adequate for them. The longer trailers are stored on the west side of the building and the space is adequate for them. It is just a matter of how the building is used. Baker said he had a real problem with decreasing the green area, which is contrary to past City practices. The proposal the Planning Commission is considering this evening does not address the nonconformity as far green area. Baker stated he would like to have seen a print showing the front area and doing something to dress up this building so it conforms with City standards. Kuerschen stated AAA Cooper runs 48 and 53 foot trailers. The trailers Mr. Baker saw belong to the present tenant. Schiferl stated he understood variances apply to the land. That could potentially make a difference on how we treat this issue. Having reasonable use of the land does not mean that the existing building must be exactly where it is. Is a variance a land issue as opposed to a land and building issue? 6 I:\COMMISSIONS\PLANNING\MINUTES\1999\02-16-99.WPD