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Review File: <br />Cullinan Rigging Variance Request <br />Page 2 of 2 <br />o Planting depth shall be such that the first set of primary roots (root flare) are at final <br />grade when installed; that only broken, deformed or dead branches shall be pruned at <br />time of planting; and that the top portion of the wire basket and burlap shall be removed <br />after the tree is set in planting hole. <br />Building Elevation: The building addition is to the south portion of the building, which is the <br />front elevation facing McKinley Street NW. The main building entry at the southeast corner will <br />remain as is. The proposed building addition will match the existing exterior building materials, <br />colors, windows and accenting band as currently exists on the southern elevation. Staff is <br />supportive of the proposed building elevation. <br />Variance Request: Recent statute changes renames the municipal variance standard from "undue <br />hardship" to "practical difficulties," but otherwise retains the familiar three -factor test of (1) <br />reasonableness, (2) uniqueness, and (3) essential character. Also included is a sentence new to city <br />variance: "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance and when the terms of the variance are consistent with the <br />comprehensive plan." <br />In evaluating this variance request under the new law, we need to adopt findings addressing the <br />following questions: <br />Is the variance in harmony with the purposes and intent of the ordinance? The proposed use is an <br />existing permitted use in the E-2 district. The addition will accommodate expansion of permitted <br />warehousing use. A variance is necessary to accommodate that warehouse expansion as its <br />thirteen (13) feet too close to the front yard setback (at its closest point, the entire addition is not <br />out of compliance). The site is triangular in nature, making full use of the site for an addition is <br />challenging. The rear of the site narrows such that an addition in this location would not be able <br />to accommodate truck vehicles and required turning radius. For the reason of the shape of the <br />site, a variance is reasonable and as a permitted use would be in harmony with the purpose of the <br />ordinance. <br />Is the variance consistent with the comprehensive plan? Yes, the zoning and land use are <br />consistent. <br />Does the proposal put property to use in a reasonable manner? Yes, the site configuration causes <br />a hardship and therefore the variance to the front setback for the southwest corner provides <br />reasonable use of the property. <br />Are there unique circumstances to the property not created by the landowner? Yes, the shape of <br />the site offers challenges to create an addition while also maintaining truck access and radius. <br />Will the variance, if granted, alter the essential character of the locality? No. The use as an <br />industrial use is consistent with the other uses in the immediate area. <br />Staff is supportive of the variance. <br />