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Date: July 18, 1972 Case Number: VN-86 Applicant: R. W. Billman Location: Northeast Quadrant of the Intersection of 14th Street N.W. and Silver Lake Road Request: Variance from the strict application of the New Brighton Zoning Code Section 12-010 OFF-STREET PARK- ING, paragraphs b and/or g. Planning Considerations: The Variance requested herein has been before the Planning Com- mission as VN-79 and VN-82 (see Planning Commission Agenda for September 16, 1971, November 16, 1971 and December 21, 1971). The last Council action on the Variance requested was a denial subsequent to a public hearing of the matter on January 11, 1972. While our general considerations of this matter remain un- changed from previous reviews and little, if any, new informa- tion has been provided, it does appear that some hardship could be found to exist under the present conditions of the site. If the parking lot were changed to conform with the required set- back, a re-arrangement of parking stalls would be necessary if the stalls were to be usable. In re-arranging the parking facility it appears that the number of spaces would be reduced to a number below that required for a commercial structure of the size that presently exists. This would in time require a vari- ance. The only other solution appears to be to move the entire facil- ity including the structure northward on the lot; a solution which would no doubt be unreasonably expensive. It is my professional opinion that a court test of this problem while it may yield a minor fines would result in no significant change in the condition of the site given all of the conditions relevant to the occurrance of the Zoning Ordinance infraction. I, therefore, revert to my original recommendation stated in my review of September 16, 1971 that the request for Variance be recommended for denial and that the use of the property be allowed to continue as a non-conforming use. A warning should be issued to the developer-owner of the property that because of the non-conforming use of the parcel, no further permits of any kind can be granted under the terms of the New Brighton Zoning Code until such time as the property is brought into conformance with that code.