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Donatelle Tool August 23, 1984 Page 3 APPLICANT'S RESPONSE The attached letter from the applicant explains. that the shape of the proposed site, the number of street sides, and -the poor soil conditions prevent development without a variance. A 60 foot front. yard setback is required off of County Road "E2".because it is across the street from a residential zoning. The applicant is requesting a 20 foot variance off of County Road "E2". The applicant states that the variance for the front yard setback will have only a minor effect on the .two adjaceht developed residential properties. The residential. properties have their side yards rather than their front yards facing the industrial site. The City code requires a 20 foot rear yard set- back. Although the bulk of the proposed buildings will be setback 27 feet the applicant is requesting a 5 foot variance to allow con- struction of enclosed truck docks. The enclosed truck docks increase the energy efficiency of the building. LP-164 All of the required drawings-and information have been submitted. The project is proposed to be constructed in two phases. A site survey is on file and an application has-been made to Rice Creek Watershed District for drainage approval. Existing utilities are available to service the site. STAFF ANALYSIS The lot on which the applicant proposes to construct a new industrial building does have severe soil problems. It will require substantial soil corrections just to complete the second building phase. The lot is also narrow and long with a great deal of street frontage re- quiring increased building setbacks. The soil conditions, shape of the lot, and amount of street frontage combine to make the .lot difficult to develop. This is probably most evident in the fact that although the property has excellent freeway access it has never been developed. The proposed 40 foot building setback off-of county Road "E2" will contain-berms and substantial plantings. The 40 foot setback is the same as the standard industrial zoning front yard setback and should. not negatively impact nearby residential properties. The rear yard setback of 15 feet will be for the enclosed truck docks and a portion. of the buil-ding. It is staff's opinion that the applicant has dem- onstrated unique and unusual circumstances and undue. hardship and that the variance request should be granted. A petition was submitted at the Planning Commission public hearing by nearby residents opposing the 20 foot front yard variance on .5th Street N.W.. Copy of the petition is attached.