Agenda - Council - 08/27/1985 - Laserfiche WebLink

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' Council amended Item 412 of the proposed findings of fact to read as follows: ' 12. That the variance, as requested and applied for by the applicant, does not observe the spirit and intent of the ordinancee, may produce substantial injustice and is contrary to the public interest. However, Council finds that a 10' variance will not do those things sited in this Item 112 of the findings of fact. Motion by Councilmember Cox and seconded by Councilmember Sorteberg to adopt Findings of Fact 0112, as amended, for the request by M i S Development for a variance from the side -yard setback. (Please refer to findings of fact file for Findings of Fact 0112). Motion carried. Voting Yes: Chairperson Schlueter, Mayor Heitman, Councilmembers Sorteberg, Cox and Reimann. Voting No: None. Motion by Councilmember Reiman and seconded by Councilmember Cox to disapprove, based on the findings of fact, the request by M 6 S Development for a variance from the side -yard setback requirements and in the alternative, should the applicant choose, to grant a 10' variance to side -yard setback. in addition, Council also approves a 10' variance to the side -yard setback on the north end of the property. Motion carried. Voting Yes: Chairperson Schlueter, Mayor Heitman, Councilmanbers Sorteberg, Cox and Reiman. Voting No: None. Case #2• ' Mr. Czech stated that the building would be used for storage purposes and he does not intend to conduct a business from the building. Oouncilmember Reimann stated that he is not in favor of granting the variance based on the fact that there is an ordinance in place addressing accessory building size limits and constructing accessory buildings prior to the principal structure; past experience proves that there is no way to guarantee that the principal structure will be built. ' Councilmember Sorteberg stated that requiring the building permit to be applied and paid for on the principal structure at the same time as the accessory building would serve as a guarantee. Council amended the proposed findings of fact as follows: 1. Uhat the applicant has properly applied for a Board of Adjustment variance to construct an accessory structure before constructing the principal building on the sits. 2. !that the applicant appeared before the Board of Adjustment for a public hearing on July 23, 1985 and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a pert of these findings ty reference. July 23, 1985 Page 3 of 7 ■