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1 1 I Council Meeting Minutes September 24, 1991 Page 4 Council Business. continued Mattila presented an application for site plan, special use permit, setback variance and minor subdivision. Belair Builders proposes to construct a 11 .104 sq. ft. office facility and storage yard on a portion of the Herbst landfill. The facility would be located on the buildable area of the landfill. The facility and off-street parking comply with standards, however, the storage yard requires a 40 foot front yard and 15 foot side yard setback variance. Belair proposes to subdivide the property from the landfill portion of the property. At the July 23 meeting. Council felt the subdivision may create a liability to the City because of environmental concerns related to the landfill. Because the lot split was not proposed at that time. the' 5 foot sideyard setback was not required for the exterior storage area. Mattila and LeFevere met with the Minnesota Pollution Control Agency (MPCA) to consider ramifications caused of splitting the property and leaving the landfill an orphan site. MPCA considers the landfill a low priority due to lack of groundwater contamination and hazardous waste. The site is located on top of four geologic layers. The first layer is the surfacial aquifer, second layer is a clay cap, third layer is an aquifer, and the fourth layer is bedrock. Since the first layer is clean, there is no evidence the landfill is leeching. However. MPCA recommends methane monitoring probes with alarms be installed along the east side of the landfill area to detect any movement of methane. The site plan, special use permit, and lot split requests comply with City Code, but staff feels the variance request is unfounded. By separating the buildable portion from the unbuildable area, it eliminates any unique circumstance which appeared to be the basic grounds for granting the variance. Benke feels the proposed use for the site is acceptable. He suggested enlarging the site by leasing the adjoining property or downsizing the proposed operation's size. He feel it is difficult to find an adequate hardship definition to justify a variance. Williams feels the proposed use is correct, but can not justify the variance without a hardship. Rebelein noted the unsightly material stored at another side of the site and said she would not support a variance which appears to have no legal authority. Mark Murlowski, Belair, disagrees with staff opinion, and feels the unimproved 30 foot right-of-way creates a hardship for the site. Also, there are several tractor trailers parked up to the Mounds View property line with no setback or industrial standards requirements in place, creating visibility problem. Council Business Belair Builders Herbst Landfill Report 91-203