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f 105,000 square foot building with sufficient parking on the site requires parking setback variances. The proposal, as originally designed, had 20 foot parking setbacks adjacent to public streets. City staff has suggested and the developer has agreed to shift the building and parking 20 feet to the north and 20 feet to the east to provide the required 40 foot setbacks along Twin Lakes Parkway and along Cleveland Avenue. This would allow for additional future right-of-way or easements as may be needed in the future for Twin Lakes Parkway. This would also reduce the number of variances needed from 3 to 1. The remaining variance would be for a zero setback on the east property line adjacent to Mount Ridge Road. However, the Mt. Ridge Road right-of-way may not be needed or the road may be narrowed to a 24 to 28 foot driveway in the future because adequate access to adjacent sites can be provided from existing streets in the area. The proposed building as currently designed would also not meet the State Building Code because it would not have the required 60 foot separation from the north property line. The following alternatives are available for meeting the building code issue previously mentioned: 1. Provide a one hour rated construction. This would add considerable expense to the construction of the building. 2. Provide an area separation wall to essentially divide the building into two separate attached buildings which would then meet the building code requirements. This again adds cost to the construction of the building and also reduces the flexibility of the building. 3. Apply for a variance to the building code. 4. Reduce the size of the building to maintain a 60 foot required separation. This alternative would require an amendment to the development agreement between Ryan Companies and the City. 5. Grant a 20 foot parking setback variance adjacent to Twin Lakes Parkway to the south. 6. Review and revise the 40 foot parking setback requirement within the City Code (Section 1007.01A1) City Code Requirements: Section 1007.01Al, requires that parking between buildings and public streets be set back at least 40 feet. Therefore, a variance of 40 feet is required in this case along the east side. The City Code, Section 1013.02, indicates that where there are practical difficulties or unusual hardships in the way of carrying out the strict provisions of this code, the City Council may vary provisions in the code in harmony with the general purpose and intent thereof and may impose additional conditions as it considers necessary so that the public health, safety, and general welfare may be secured. It is Community Development Department staff's opinion that there are practical difficulties on this site and future development considerations for granting the variances requested. These include the following: 1. The site is surrounded by public street right-of-way on three sides. 2. The developer is contractually obligated by development agreement with the City to provide 105,000 square feet on the site. 2