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November 14, 1980 r' APPLICANT: Irvin Moen Chemical Technology Inc. LOCATION: 2172 Old Highway #8 CHRONOLOGICAL HISTORY APPLI'CATIO'N .FDR `VARIANCE VN-217, CHEMICAL TECHNOLOGY INC. PURPOSE To consider a request for variance for less 'than the required front yard setback and an adjustment to side yard setback approved by building permit, LP-83 BACKGROUND 1. May 22, 1979 LP-83 was approved for a 35,280.3 square foot building with a 40 foot front yard setback and 65 foot side yard setback to the north of the building. 2. November 21, 1979 The Building Inspector-issued buildingpermit #7010 for the building and site work. 3. July 18, 1980 A temporary certificate of occupancy was issued for the building. An irrevocable Letter Of Credit (No. 1078) was submitted to the City to assure that the remaining site work be completed.- 4. July 1980 A mortgage survey was conducted by Comstock & Davis, Inc. which revealed .that the original survey under which the building was constructed was incorrect.. 5. In August 1980 the mortgage company informed City staff of the error and stated that the building encroaches approximately 3 feet into the 40 foot front yard setback. Also, the north side of the building is 62.05 and 61.97 feet from the side property line instead of the approved 65 foot setback. STAFF-COMMENTS There are only two options for the property owner in regard to the mistake in surveying which resulted in the building not being constructed in the proper location: 1. That the building be moved; or 2. That the property owner request a variance to allow the building to remain in its present location. In staff's opinion it is misfortunate that the error occurred and that it would seem inpractical at this time that the building be moved to comply with LP-83. The warrants for the variance appear to include: