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. Council amended ItE;Jl\ U2.of the pro];X>sed findings of fact to read as follCMS: 12. 'Blat the variance, as r~uested and applied for by the applicant, does not observe the spirit and intent of the ordinance, may produce substantial injustice and is contrary to the public interest. However, Council finds that a 10 I variance will not do those things sited in this Item U2 of the findings of fact. fot>tion by CoW'lcilmember Cox and seconded by CoW'lcilmember Sorteberg to adopt Findings of Fact 0112, as amended, for the r~uest by M & S Developnent for a variance fran the side-yard setback. (Please refer to findings of fact file for Findings of Fact 0 112) . fot>tion carried. Voting Yes: Chairperson Schlueter, Mayor Heitman, Councilmembers Sorteberg, Cox and Reimann. Voting No: None. Motion by CoW'lcilmember Reimann and seconded by Councilmember Cox to disapprove, based on the findings of fact, the rEquest ~ M & S Developnent for a variance fran the side-yard setback r~uirements and in the alternative, should the applicant choose, to grant a 10 I variance to side-yard setback. In addi tion, Council also approves a 10 I variance to the side-yard setback on the north end of the property. Motion carried. Voting Yes: Chairperson Schlueter, Mayor Heitman, Councilmembers Sorteberg, Cox and Reimann. Voting No: None. case #2: R~\,1est For Variance To Construct An Accessory Structure Before The Princi,pil structure: case Of Mr. StaQ;Ley Czech: . Mr. Czech stated that the building would be used for storage PUr];X>ses and he does not intend to conduct a business fran the building. Councilmember 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 wO!:! to guarantee that the principal structure will be built. Councilmember Sorteberg stated that r~uiring 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 emended the pro];X>sed findings of fact as follows: 1. 'Blat the applicant has properly applied for a Board of Adjustment variance to construct an accessory structure before constructing the principal building on the site. 2. 'Blat 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 incor];X>rated as a {:art of these findings by reference. July 23, 1985 . Page 3 of 7