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Council Meeting Minutes January 11, 1994 Page 6 Council Business. continued The originally designed sidewalk was 5 ft., but the variance would make it possible to expand the building's front sidewalk area to 10 ft. This request would allow for a 10 ft. area of sidewalk and greenspace and provide a handicap ramp access into the building. The proposed building is at its minimum width to allow for office/warehouse uses to function properly. Locke said the variance request was necessitated by the unique circumstance pertaining to the environmentally sensitive nature of the surrounding land that require a 150 ft. wetland setback. In this situation, two industrial lots were designed to allow for the wetland setback requirement from Jones Lake. Even though the site does not abut Jones Lake, the usable portion of the U.S. West site was pushed to the south and caused the subject lot's width to be reduced. This narrow lot width combined with the strict enforcement of the zoning ordinance now creates an undue hardship. The total amount of landscape area in the front of the building has not changed, but a portion was shifted from the boulevard to the building's front. A 4 ft. high berm along Lakeview Point will be constructed and the boulevard and setback area will be landscaped according to the approved landscape plan. The Planning Commission and staff recommend approval of the setback variance and site plan amendment. Williams requested assurance there will be landscaping immediately next to the building as shown on the original plan. Locke said the original landscaping will be retained, but will be denser than originally planned. Williams asked if the City misjudged the Jones Lake setback. Locke does not believe the City misjudged the setback. Larson confirmed that the variance allows for compliance of the American Disability Act requirements. Locke said the parking area changes allow for handicap ramp areas to be located in the sidewalk area rather than the parking lot. Williams questioned if persons walking on the sidewalk would need to step down into the ramp area. Locke said the detailed drawings will illustrate that there will be a gradual slope from the ramp edge to the sidewalk. Williams feels the 5 ft. variance does not add anything to the developer's ability to add ramps. Perhaps the hardship is more of the unanticipated setback from Jones Lake which pushed the property further south. Mr. Samuelson noted the large amount of truck traffic in Lakeview Point area. Motion by Gunderman, seconded by Larson, to WAIVE THE READING AND ADOPT THE RESOLUTION APPROVING VN-29S; AND APPROVED LP-282 AS AMENDED TO INCREASE THE LAND WCATED IN FRONT OF THE PROPOSED BUILDING TO A 10 FOOT WIDE STRIP OF LAND. 4 Ayes - 0 Nayes, Motion Carried. Fulton presented for consideration the authorization to retain environmental legal counsel for the Site A Downtown Redevelopment project. Council Business I Lakeview Business Center Variance Report 94-017 Resolution 94-011 I I Fredrikson-Byron Legal Services Report 94-017 A