Resolution - #05-08-248 - 08/08/2005

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That the applicant is proposing to erect an 8,415 square foot building on the subject property and 11 feet of the building will encroach on the north side yard setback next to the existing retaining wall in order to provide for convenient and proper use of the property. That had the City not requested an easement during the Final Plat Approval of Sunfish Gatcway, the applicant would have sufficient space to position the proposed facility and parking spaces. 10. That the variance requested is the minimum variance, which would alleviate the hardship. 11. That if granted, the variance will not permit a use that is prohibited in the E-1 Employment District. 12. ~/'hat if granted, the variance will not impair an adequate supply of light and air to ac[iacent property. 13. That it' granted, the variance will not unreasonably increase the congestion in the public street. l 4. That if granted, the variance will not increase the danger of fire or endanger the public safety. 15. 'l'hat if granted, the variance will not unreasonably diminish property values in the neighborhood. 16. That it' granted, the variance will not violate the intent of the Comprehensive Plan. 17. 'lhat, if granted, the variance will not grant the Applicants any special privileges that is denied to other owners of land in the same district. Tho motion tbr the adoption of the foregoing resolution was duly seconded by Board Member Johnson, and upon vote being taken thereon, the following voted in favor thereof: Chairperson Nixt Board Member Johnson Board Member Levine Board Member Shepherd Board Member Van Scoy and thc lbllowing voted against: N o ne and thc tbllowing abstained: None RESOLUTION #05-08-248 Page 2 of 3