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n Public Hearing: MS2008-003, LP2008-008, VN2008-004 Minor Subdivision, Site Plan, and Variance to Allow Development of a 4,406 SF Retail/Office Building & Surface Parking on the West 150' of 2350 Palmer Drive The applicant is requesting the following land use applications to allow construction of a 4,406 SF commercial building and associated surface parking: a Minor Subdivision which would split off the western 150' of 2350 Palmer Drive, creating a new lot for development; a Site Plan to obtaining a building permit for construction of new commercial or industrial development; and a Variance to permit a front yard parking lot setback of 10' when 30' is normally required and 30' currently exists. These requests were initially heard before the Commission on September 16, 2008 and October 21, 2008. The Commission opened the public hearing and discussed the proposed Minor Subdivision, Site Plan and Variance at both meetings. Staff provided additional information requested by the Commission at the October 21" meeting. Following the Commission's discussions at both the September and October meetings, it appeared that a majority of the Commission felt a valid hardship had not been presented by the applicant. However, it appeared that the Commission was interested in a different approach, other than a Variance, to approve the project as the project seemed consistent with the development of Brighton Village across the street. Upon the last Public Hearing approval the applicant needs to apply for a special variation and must withdraw variance before January 6, 2009. Zisla asked staff how a special variation would be handled. Gundlach replied the procedure is similar to a special use permit, with the neighbors being notified and a public hearing held. She stated that all requirements could be met for the December 2nd special meeting. Baker asked if an elevator would be required due to the second story. Gundlach replied that the applicant has received notification from the Building Official that an elevator would be required and would need to be included in their plans for a building permit. Zisla stated that the Commission should discuss what amenities would be requested at the next meeting. Gundlach suggested that the applicant possibly add decorative crosswalks at both drives to connect the existing sidewalk on the north side of Palmer Drive. The applicant is proposing to keep all existing trees and has included several foundation plantings, however additional landscaping should be considered. Baker inquired what would happen if the Council did not approve the code change. Gundlach replied that the Council has a lot of flexibility regarding this application and could approve it under several scenarios. Motion by Zisla, second by Danger to CONTINUE THE PUBLIC HEARING TO THE DECEMBER 2ND SPECIAL MEETING. 0