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<br />7. That the Applicant is proposing to develop a 3 story motel on the subject property <br />that is 35 feet in height but includes parapet walls for architectural enhancement <br />purposes that are 44'6" from grade at their highest point, which results in a 5'6" <br />extension into the established height restriction in combination with the permitted <br />encroachment allowance. <br /> <br />8. That the 35 foot height restriction in the B-3 Highway Business District is based <br />on the reach capabilities of fIre suppression equipment in the City's fIre <br />department. <br /> <br />9. That the intent of the 35 foot height restriction in the Critical and Wild and Scenic <br />Overlay Districts is to protect the natural view from the river. <br /> <br />10. That the Subject Property is located approximately 400 feet from the Mississippi <br />river and is not visible from the river. <br /> <br />11. That the Applicant has stated that visibility of the proposed motel is obstructed <br />from view on the river and from the opposite bank of the river by homes and <br />existing tree cover. <br /> <br />12. That the Fire Chief has stated that the actual occupied portions of the building are <br />within the 35 foot reach capabilities of existing fIre suppression equipment. <br /> <br />13. That only va..;ances to height restrictions on accessory structures in the single <br />family residential districts have been granted in the past. <br /> <br />14. That there are unique circumstances applying to the subject proposal, namely: a) <br />a 3-story motel is not an unusual or unique proposal; b) the occupied portion of <br />the building is within the 35 foot height restriction; and c) unoccupied portions of <br />the structure, namely parapet walls, comprise the encroachment into the restricted <br />height area. <br /> <br />15. That the special conditions causing the undue hardship, restrictions based on fIre <br />suppression reach capabilities and inclusion of a parcel of land not visible from <br />the Mississippi River in the Critical River Overlay District, do not result from the <br />actions of the Applicant. <br /> <br />16. That if denied, the Applicant will be deprived of constructing a 35 foot high <br />building that would have otherwise been permitted if it did not include <br />architectural enhancements such as parapet walls. <br /> <br />17. That if granted, the variance will/will not grant the Applicant any special privilege <br />that is denied to other owners of lands, structures or buildings in the same district. <br /> <br />? <br />