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I I I Council Meeting Minutes February 11, 1986 Martinson stated the other criteria for granting the variance is that council needs to come to the conclusion that it will not be detrimental to the adjacent property, and noted the residential property would be devalued. Martinson also questioned the access to Silver Lake Road, espe- cially those exiting the parking lot from the proposed project and desiring to go northbound during rush hour. Martinson then inquired about the proper notice to residents within 350 feet when the rezoning ordinance was adopted. If that becomes an issue, his advice to his clients will be that the no- tice was improper. Martinson summarized that he doesn't feel the community wants to scare off development (feeling the residents would agree to a smaller project) and feels the variance should be denied. Brandt stated, setting aside whether or not a variance should be granted, she felt the bottom line is that we are talking about either a 34-foot high brick building 50 feet from the property line, or a 36-foot stone building 70-75 feet from the property line. Asked if Martinson had a feeling of how the property- owners adjacent to the project felt. Martinson stated, not knowing how the residents would feel, he would quarrel with the alternative and felt that Harstad may con- sider a better building on the site. Brandt asked how Significant it would be to get the building, which would be somewhere between 28 and 34 feet, farther away from the property lines; Martinson felt the major impact would be the intensity on the rear setback and that anything that could be done to move the building and the 36-foot impact away from the setback goes a long way toward making it more acceptable. Gunderman asked what would happen if the building were lowered on the west side and then was increased another story on the east side; Martinson felt the residents would agree to that, but was not sure how Mr. Harstad felt. Briggs stated it would cost more and would be a less attractive building, indicating the increased expense of extending the ele- vators and other services in the building. Benke stated that Martinson's agreement to four-stories on the east side raised the question of needing a variance for four- stories and yet a variance for the proposed project was not acceptable and asked for an explanation, noting the basis for a variance would be the same in both cases. Page Thirteen