Resolution - #05-06-179 - 06/23/2005

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That thc Board of Adjustment conducted a public hearing pursuant to Section 9.03.07 of the Ralnscy City Code on June 23, 2005, and that said public hearing was properly advertised, and that the minutes of said public hearing are hereby incorporated as a part of these findings by rc/'crcnce. 2. 'l'hat thc Subject Property is zoned Town Center, Subdistrict TC-4b, and is approximately 21 acres in size. ri'hat properties to the east and west are zoned TC-b, the property to the south is zoned TC-4c, and the property on the north side of Bunker Lake Blvd. N.W. is zoned R-2 Medium Density Residential. 4. That scction 9.20.25, Subd. 3.b, establishes a minimum front yard setback of 0 feet and a max imum fi'ont yard setback of 20 feet, as measured from building front to sidewalk edge. 5. That thc Applicants have stated the variance requested is the minimum variance needed to alleviate the hardship. That on May 19 and May 31, 2005 respectively, the Planning Commission and City Council approved the preliminary site plan for the development of the Subject Property with townhome units, contingent upon obtaining variances to the maximum front yard setbacks for thc buildings located on Lot 5, Block 1, Lots 1 and 2, Block 2, and Lot 1, Block 3. 7. That thc preliminary site plan for the Subject Property reflects that the townhome structure on Lot 5, Block 1 will be 27-34 feet from the edge of the sidewalk that is located in the right-of- way l~)r Rhinestone Street N.W. That the preliminary site plan for the Subject Property reflects that the townhome structures on I,ots I and 2 of Block 2 will be 27-36 feet from the edge of the sidewalk that is located in the right-of-way for Rhinestone Street N.W. That the preliminary site plan for the Subject Property reflects that the townhome structure on I,ot 1, Block 3 will be 27 feet from the edge of the sidewalk that is located in the right-of-way for Rhiucstone Street N.W. 10. That on May 23, 2005, the Applicants submitted an application for a variance to the maximum fi'ont yard setback. 11. That the Applicants have stated that the City Code requirement to measure the front yard setback fi'om the building front to sidewalk edge creates a hardship in this case because the mastcr trail plan for Town Center establishes that the sidewalk will be located in the right-of- way ol~ Rhinestone Street N.W., outside the boundaries of the subject property. RESOLUTION #05-06-179 Page 2 of 4