Resolution - #04-07-174 - 07/13/2004

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That the Town Center Design Guidelines for the TC-2 sub-district encourages the placement of larger scale buildings adjacent to the railroad corridor, which results in the structures exceeding the maximum front yard setback. That placement of the grocery store at a street right-of-way would result in the loading docks being located in the middle of the public parking area, which would lead to unsafe traffic circulation. 10. That on May 6, 2004 and on May 11, 2004, the Planning Commission and City Council approved the sketch plan for the grocery store, which plan showed the store being located adjacent to the railroad. 11. That if granted, the variance will not permit a use that is prohibited in the TC-2 Town Center Commercial District. 12. That if granted, the variance will not impair an adequate supply of light and air to adjacent property. 13. That if granted, the variance will not endanger the public safety. 14. That if granted, the variance will not unreasonably diminish property values in the neighborhood. 15. That if granted, the variance will not violate the intent of the Comprehensive Plan. 16. That, if granted, the variance will not grant the Applicants any special privilege that is denied to other owners of land in the same district. 17. That undue hardship will not result if the variance request is denied due to the existence of special conditions and circumstances which are peculiar to the land and which are/are not applicable to other lands in the same district. 18. That the special conditions do not result from the actions of the Applicant. The motion for the adoption of the foregoing resolution was duly seconded by Board Member Shepherd, and upon vote being taken thereon, the following voted in favor thereof: Chairperson Nixt Board Member Johnson Board Member Shepherd Board Member Brauer Board Member Watson RESOLUTION #04-07-174 Page 2 of 3