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Motion by Board Member Thorud and seconded by Board Member Holland to adopt Resolution g94-03-052 approving the issuance of a variance to Ben Deemer at 14501 Sunfish Lake Boulevard N.W. and deClaring terms of same, as amended. Motion carried. Voting Yes: Vice Chairperson LaDue, Board Members Thorud, Holland, Hendriksen, and Terry. Voting No: None. Abstain: Chairperson Deemer. Absent: Board Member Bawden. Chairperson Deemer resumed his seat on the Board of Adjustment. Case #3: Request for a Variance from Side Yard Setback Requirements and Impervious Surface Area Restrictions; Case of Bill Dubats, Lakeview Enterprises, Inc. Zoning Administrator Frolik stated that Bill Dubats of Lakeview Enterprises, Inc. has applied for site plan approval to construct self-service storage facilities on Lot 3, Block 3, Riverside West. She explained that the subject property is in the Critical River Overlay District which restricts the impervious surface area to 30% of the lot area, however, Mr. Dubats is requesting a variance as his site plan reflects an impervious surface area of 88%. Ms. Frolik added that the property is zoned B-3 Highway Business which requires a 10 foot side yard setback, and Mr. Dubats is requesting a variance to this setback as he proposes to develop the site with a zero lot line configuration along the north sideyard. Ms. Frolik explained that this development would be an expansion of the self- service storage facilities existing on Lots 1 and 2 of Riverside West. She noted that a variance to the setback requirements was granted in 1987 in order that the storage facilities to be developed on Lot 1 could be placed with a spacing consistent with the structures already constructed on LOt 2. Likewise, Mr. Dubats is proposing to continue the spacing consistency between structures established on Lots 1 and 2, requiring a variance to the side yard setback along the north property line of Lot 3. Chairperson Deemer stated the purpose of the Critical River Overlay District was to ensure no commercial activity within 1000 feet of the river, but that Riverside West was already in preliminary plat stage and negotiations were made to accommodate that. Therefore, Chairperson Deemer felt that Mr. Dubats' property should be out of the Critical River Overlay District. Ms. Frolik stated that Mr. Dubats' property is not outside the Critical River Overlay District. Mr. Dubats stated that the property is zoned B-3 Highway Business. Ms. Frolik noted that the Critical River Ordinance was adopted in 1985, and the subject property was zoned then. The Board inquired when Mr. Dubats purchased the property, and Mr. Dubats stated the purchase agreement was dated January 29, 1994 with a contingency that this variance be approved. Chairperson Deemer again stated that, as a Planning Commissioner who was involved in implementing the Critical Area Designation Executive Order, he believes something was negotiated when submitting the Critical River Overlay District with this property being zoned Business. The Board inquired of other possible uses for this property, and Ms. Frolik stated that perhaps a small business could put up a building with a small parking lot. The Board of Adjustment proceeded to review the Findings of Fact. Board of Adjustment/March 17, 1994 Page 6 of 12