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Acting Chairperson Van Scoy called the Board of Adjustment meeting back to order at 7:53 p.m. Acting Chairperson Van Scoy commented there could be a significant amount of delivery traffic on this site with vans and trucks. Assistant Community Development Director Frolik noted the need to consider emergency vehicle access as well. Acting Chairperson Van Scoy inquired if the use on the site would change if it were to be under the control of one owner. Associate Planner DaInes replied the City has limited control on condo plats. Assistant Community Development Director Frolik advised the owner could condo out the building, and would need to own the land. Acting Chairperson VanScoy commented the plan was approved in its configuration specifically to avoid Lot 2 being landlocked. Assistant Community Development Director Frolik advised it is not good planning to put the City seal on a plat that knowingly creates a landlocked parcel. Board Member Brauer asked if the applicant would need a variance to build on Lot 2 if he were to remain as the owner of the lot. Associate Planner Dalnes replied there would only be one lot. A variance would be needed to build multiple buildings on one lot; there is precedent for having done this in the past to make better use of a lot. Board Member Brauer commented to some extent the Board has put the applicant in this position, but he does not think they envisioned two separate lots. He inquired about the consequences from a safety aspect and emergency vehicle access. Associate Planner Dalnes replied at the development review meeting it was indicated there would not necessarily be a difference between a separate building and an expansion, with the access to the back of the building being the same. In staff s opinion it is more appropriate to retain one lot due to all the issues associated with the site, such as landscaping, access, parking, paving, etc. Board Member Levine noted if this remains as one lot with a second building that is condoed out to the carpet company there will still be issues related to traffic, fire access, etc. Civil Engineer II Linton explained with one lot under the control of one owner the condo agreement will address the access. An individual would not purchase a condoed unit without being sure there will be access to the unit. Approving this subdivision would put the City seal on a substandard lot, and there would still be the issue of maintaining an access easement, where if it is all one piece of land the access would be addressed in the purchase agreement for the Board of AdjustmentlDecember 7, 2006 Page 11 of 16 P11