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-3- <br />10. "That the preliminary plan for PRD #27 be approved <br />contingent ;on the approval of the variance application. <br />VN-206, preliminary plat'app.lication PL-118, rezoning' <br />R-103-and rezoning R-109.." <br />Final PRD approval` (June 10, 1980) included `3 conditions: <br />one of those condition related to the condominium site, <br />reads as follows: <br />"2. That no building permit be considered for the <br />condominium building until, such time as the <br />storm sewer and storage pond are functional;" <br />Attached is a'memor.andum which further clarifies the <br />responsibilities with the storm sewer improvement. <br />Since item #3 the removal of the extra earth has not <br />taken place the storm sewer and storage ponds are not <br />functional. According to the agreement he applicant <br />has next year (1982) to complete this removal. No permit <br />for the condominium should be issued until the applicant <br />posts a $50,000 bond for the removal of the material from <br />the.park property. <br />APPLICATION FOR VARIANCE <br />A. PRD Modifications <br />Under a Planned Residential Development an applicant can request <br />modifications to the zoning code requirements. Such modifications <br />may be granted on the basis that with the modifications the <br />design better meets the intention of the zoning ordinance and <br />provides a more desirable development. The following is a list <br />of the modifications requested by the applicant for the <br />condominium building: <br />1. 4 story building; <br />2. Front yard parking; and <br />3. Lack of handicap parking spaces. <br />B. Variance <br />In addition to the above modifications from the zoning code the <br />applicant is requesting a variance to deviate from the PRD <br />Section 11-350 standards 1. that requires a minimum setback of <br />the height the building or 25 feet, whichever is less, for all <br />property lines which form the perimeter of the entire plan of <br />the PRD. The applicant proposes a 15 foot side yard setback <br />on the east side. <br />The warrants for the consideration for a variance include <br />undue hardship and unique circumstance relating to specific <br />• property and are addressed by the "Findings of Fact" of <br />he attached resolution.