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Variance Request – WilsonWolf (2100 Old Highway 8) <br />Planning Commission Report; 8-18-20 <br /> <br /> <br />Page 11 <br />Suggested Findings <br />of Fact <br />(denial/approval <br />option 2): <br /> <br /> <br />Denial Findings: <br />1. Allowing a new improvement within the entirety of a required setback absent <br />special circumstances is not in line with the intent of the zoning code. <br />2. As zoning is intended to implement the vision of the Comprehensive Plan, not <br />following zoning provisions, as requested by this application, is in conflict <br />with the Comprehensive Plan. <br />3. Seeking to build within the entirety of a required setback when other viable <br />alternatives exist for a proposed improvement is not a reasonable request. <br />4. The plight of the landowner, a desire to build within a required setback, is <br />created by the landowner. <br />5. There are no unique circumstances to support allowing an active patio area <br />within 10 to 20 feet of an anticipated active roadway. <br />Sidewalk variance approval findings: <br />1. Providing access to an access door on the side of a building via a sidewalk <br />with no permanent structures is in line with the intent of the zoning code and <br />comp plan. <br />2. Requesting a sidewalk to connect a conforming employee patio area to an <br />interior lunchroom space is a reasonable request. <br />3. The applicant was not responsible for the building being built up against the <br />required setback thereby necessitating a variance for a simple sidewalk. <br />4. A sidewalk to the utility door will not impact the character of the area. <br />5. The sidewalk is being sought to access a conforming patio area to the east of <br />the building, and is not solely intended to improve the value of the property. <br /> <br />Recommended <br />Conditions: <br /> <br /> <br /> <br /> <br />1. Prior to going before Council, the applicant shall submit a site plan showing <br />the location and width of sidewalk proposed to provide access to the utility <br />door. <br />2. The applicant shall obtain permits and approvals as may be necessary and <br />from the City and other applicable entities prior to any construction on the <br />conforming patio. <br />3. The variance shall expire if the sidewalk is not built within one year from the <br />date of resolution. <br />cc: Tim Kraft , Applicant/Main contact <br />