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Motion carried. Voting Yes: Vice Chair Van Scoy, Board Members Johnson, Brauer, Jeffrey, Shepherd, and Watson. Voting No: None. Absent: Chairperson Nixt. PUBLIC HEARINGS/BOARD BUSINESS Case #1: Request for a Variance to Landscape Area Requirements; Case of Vern Olson Presentation Assistant Community Development Director Trudgeon advised Vern Olson is requesting a variance to the 20-foot landscape area requirement adjacent to public roads established in City Code for a lot located at 7039 Hwy. 10. He indicated Mr. Olson has purchased the property with the intent of improving the property and selling tractors. He explained Mr. Olson will be improving the existing metal pole building by placing brick around a part of the faCade and adding windows and an awning on the front. He further advised Mr. Olson will be installing blacktop and concrete curbing in the front of the building for sales display and parking purposes. Assistant Community Development Director Trudgeon noted the property is located in the newly created H-1 Hwy. 10 Business District. One of the goals of the district was to allow development opportunities along the Hwy. 10 corridor with the acknowledgement that sometime in the future the land located in the H-1 District would need to be acquired for improvements to the highway. He stated City policy requires City Engineer review of bituminous and curb installation for proper drainage. Once this is done and the plan is found acceptable, the improvements can then be installed. He advised the City Engineering Department has reviewed Mr. Olson's request and found the plan acceptable. Assistant Community Development Director Trudgeon indicated that Mr. Olson, however, is asking that he be allowed to locate the bituminous surface 10 feet from the property line. He explained Mr. Olson's request is based on a couple of reasons; 1) the present location of the building does not leave much room for display and maneuvering if the full 20 feet landscaped area is implemented (it should be noted that the previous tenant, Pleasureland RV displayed their vehicles right up to the property line); 2) the adjacent land uses have their parking and display areas at or very close to the property line along Hwy. 10. Assistant Community Development Director Trudgeon stated the location of parking and display areas near Mr. Olson's property vary. He summarized that the businesses vary from a zero lot line on a grandfathered property to 17.5 feet, which complied with the City Code at the time it was installed. Assistant Community Development Director Trudgeon indicated the location of the existing building coupled with the requirement for a 20 foot landscaped area from the public road does not leave a lot of display and parking area in front. If the existing building were to be demolished and the property redeveloped, Staff would expect Mr. Olson to fully comply with the 20-foot landscaped parking/display area buffer. He further stated that given the expected future of properties north of Hwy. 10, remodeling the existing building and improving the display area and granting the variance appears to be more in line with the intent of the H-1 Zoning District. Board of Adjustment/July 1, 2004 Page 2 of 5