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04-20-99
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Minutes-Board Or Commission PLZ 00900
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1999
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04-20-99
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will work. Tim Keane stated Roman Mueller, construction engineer, and Dan Bromark, the project manager, <br />were present. <br /> <br />Baker asked why SA does not want to put the building against the property line. Mueller answered that strict <br />interpretation of the Uniform Building Code says the building could go against the property line. From a <br />practical standpoint and considering Dairy Queen, SA does not think it is appropriate. If the City deemed it <br />necessary to put the building against the property line, SA will do so. Mueller stated that he, as a <br />professional, would not make that choice. Baker stated he would prefer to see the building on the property <br />line to eliminate the variance. <br /> <br />Zisla said Keane were correct about the upgrade of the Silver Lake Road side. Zisla stated that SA’s plans for <br />the Silver Lake Road side is a substantial improvement over the current conditions, including the lots to the <br />north of this site. Saying no to this proposal would be difficult, considering the quality of the greenspace on <br />the Dairy Queen’s and Taco John’s sites. Zisla stated SA has done a good job on this site considering the <br />limitations. SA cannot get credit for the extra landscaping and apply the credit to the requested variance. The <br />monument signs are an improvement. The procedural matter is a significant one. If the Council questions how <br />the Planning Commission viewed the three-foot variance, Zisla said he felt SA has done all they can to have a <br />“reasonable use” of this site. Strict interpretation would prevent a “reasonable use.” <br /> <br />O’Brien stated the new proposal is a vast improvement over the current store in terms of the building and the <br />site. O’Brien stated he had no problem with the variance. Baker stated that the aisles are understated. SA is <br />trying to over use the site by going from a six-car to a twelve-car fueling station. Mueller clarified that the <br />existing station fuels eight cars. The new facility would go from eight to twelve fueling stations. Baker stated <br />that fueling on the site is tight now. <br /> <br />Zisla stated he did not know how the site and building could be improved in any other way. Responding to the <br />comment regarding PDQ, the Commission paid attention to getting the PDQ variance to a minimum. During <br />the PDQ discussions, the Commission was concerned about granting a variance in one case but not in <br />another. Zisla agreed with Baker’s comments on putting the building on the property line. There are situations <br />where a building can be on a property line. Mueller stated that meeting construction requirements for zero- <br />lot-line construction can be done. The Dairy Queen building may create a problem. Mueller stated he would <br />have to take the conservative approach. <br /> <br />LP-354&VN-323, <br />Motion by Livingston, seconded by O’Brien, <br />TO RECOMMEND APPROVAL OF <br />. <br /> <br />SUBJECT TO CONDITIONS <br /> <br />Schmitz asked if it would be possible to table the item to give SA time to study putting the building on the <br />property line. <br /> <br />Baker called for a vote on the motion. 3 Ayes - 2 Nays (Baker and Schmitz) Motion Carried. <br />Keane asked if the dissenting commissioners had no objections to the overall plans, but wished the building to <br />be on the lot line. Baker replied a variance would not be required then. <br /> <br />Concept Plan Mark Beisswenger <br />Teague reviewed the planning report concerning a concept plan to construct an addition to Beisswenger’s <br />Hardware, 1360 Old Highway 8 NW. They key issue involved is the fact that a site plan approval was <br />granted to Mr. Beisswenger in 1987 for a total of 33,000 square feet of building to be constructed on the site <br />in two phases. Mr. Beisswenger would now like to construct the second phase, however, is proposing a larger <br />building than what was originally approved in 1987. The recent rezoning of the subject property to MX, <br /> <br />I:\COMMISSIONS\PLANNING\MINUTES\1999\04-20-99.WPD 5 <br /> <br />
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