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Baker asked if the strip connects to the apartment property. Mattila responded affirmatively. A driveway would be the strip’s only use. Mattila stated the single family homes to the north of the proposed office building and Ken’s Market line up in order. This strip runs behind those homes and hooks up with the apartment building on the north side of the single family homes. Livingston said the plan showed the parking to be 25 feet from the west lot line. Could that line be pulled up closer? Mattila responded that since the strip is zoned R-1 and the orange and yellow areas on the plan are zoned B-2, there is a 25-foot setback requirement from that 38 feet wide strip. The intent is that if there were a single family home on the strip it should not abut a B-2 parking lot. Since this is a vacant piece of land and abuts the entrance at I-35W, the applicant had proposed to locate the building and the parking lot 5 feet from the west property line and then ask for a variance to locate the building further from the Ken’s Market building. To avoid a variance request, they have abandoned that option. Baker said he agreed with the City Attorney that the subdivision would restrict future development of the corner lot. The existing parking should be green area. By allowing the back property line to change, the Ken’s Market site becomes unbuildable. Baker commented there should be no lot split. Mattila asked Baker if he were suggesting keeping the parcels as one lot and to move the parking for Ken’s Market so the parking lot could serve both buildings. Baker answered that the site should be developed so the Ken’s Market site becomes a buildable site. Zisla stated there is the nonconforming use problem and the 25-foot setback from the outlot, which makes no sense here. Baker commented that, whether or not there is a variance, the building would have access problems. Zisla said he had a problem with the building facing backward and inward. Zisla asked what would be the difficulty with a variance. Mattila responded the variance could be justified because the intent of the 30 and 25-foot setback is to avoid encroachment on single family homes. The strip of land that is zoned R-1 will never be used for single family homes. Zisla said that attaching that strip to this parcel would be more desirable. Baker said a variance would not change the lot lines and the existing nonconforming parking. Knuth asked if there is a legal procedure for the City to acquire the outlot for this development. Mattila said the City would probably not get involved in acquiring property for this type of development because the proposal would not qualify as a City redevelopment project. Rob Bernu of NuTec Development and Construction stated moving Ken’s Market parking to behind the building would be a hardship for the owner of Ken’s. If we were granted a variance allowing us to build 5 feet from the residential strip, we can probably modify this plan to give Ken’s Market more room behind their building. The market would then have room to modify its parking. Bernu stated that the residential strip probably cannot get a curb cut for a driveway. Bernu gave a brief presentation of the plan. The owner of Ken’s Market, stated he is a small businessman. Last year, the road construction forced him to take out a $50,000 loan to survive. He stated NuTec’s proposal offers a wonderful opportunity to sell the land to NuTec. Baker said he was not proposing to move the parking for Ken’s Market to the back, but that the site plan does not allow any opportunity to put parking in back. If someone wanted to buy the Ken’s Market building in the future, the lot would be unbuildable after the nonconformity was cleared. Baker said he would not like to see a lot split that would continue the nonconforming parking forever. 3 I:\COMMISSIONS\PLANNING\MINUTES\1997\07-15-97.WPD