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CASE #: ~ REQUEST FOR A VARIANCE TO MAXIMUM SIDE YARD SETBACKS AT SUNFISH GATEWAY; CASE OF SHARP & ASSOCIATES By: Jason Schmidt, Management Intern Background: Sharp & Associates, LLC has submitted a request for variance to the side-yard setback requirements at 6431 140th Court, The following items are enclosed: a) Site location map b) Site plan c) Proposed findings of fact d) Proposed variance Notification: In accordance with State Statute, Staff notified property owners within 350 feet of the subject property of the request for variance and public hearing. Observations: Sharp & Associates; LLC is proposing to construct an 8,415 square foot office/warehouse facility. The proposed building has an encroachment on the side yard setback by a distance of 11 feet on the north side next to' the existing retaining wall. The reason for this is the lot size is too small to provide for more convenient and adequate parking stalls. '['he initial lot size was 1.3 acres during the Preliminary Plat Review of Sunfish Gateway at the June 6, 2002 Planning Commission meeting. The Sunfish Gateway Plat was deriving access from Sunfish Lake Boulevard, with a private street providing access to Lot 3. The plat was approved by the City Council on June 25, 2002, contingent upon easement rights being granted to the City to make the private street a public street. The road easement borders the applicant's lot on thc south and west side and decreased the lot size to 39,356 square feet. Had the City not requested an easement during the Final Plat Approval of Sunfish Gateway, the applicant would have sufficient space to position the proposed facility and parking spaces. City code requires a variance to expand into the setbacks. Recommendation: City Staff recommends approval of the variance request. 13