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<br />southeast side of the building because of fire truck parking and access lanes. The Chief has <br />determined that requesting a variance was the only practical solution. <br /> <br />3.0 STAFF COMMENT <br /> <br />3.1 Variances may be granted where the strict enforcement of the literal provisions of the ordinance <br />would cause "undue hardship". The granting of a variance shall only occur when it can be <br />demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. <br /> <br />3.2 "Undue hardship" as used in connection with the granting a variance means the property in <br />question cannot be put to a reasonable use if used under conditions allowed by the official <br />controls, the plight of the land owner is due to circumstances unique to the property not created <br />by the land owner, and the variance, if granted, will not alter the essential character of the <br />locality. <br /> <br />3.3 Conditions may be attached to a variance that mitigate the impacts on adjoining properties. <br /> <br />3.4 The structure at 2335 Dale Street is a city fire station, constructed in 1975. It is located on a lot <br />of record. Lovell Avenue, along the north side of the fire station was reconstructed in 1965. <br /> <br />3.5 The parcel is flat with minimal slope. The parcel is long (131 feet) and narrow (325 feet) and <br />mature trees. The existing structure is in good condition, but was built before the current <br />building code standards. <br /> <br />3.6 The Fire Station lot is also part of a separate City conditional use permit request to allow one <br />new communications tower on the site. Witt request was forwarded to the Department of <br />Natural Resources (DNR) for review and comment. <br /> <br />4.0 POLICY & FISCAL IMPLICATION <br /> <br />4.1 The Comprehensive Plan encourages upgrade of public facilities to meet codes (as it does for <br />private facilities). <br /> <br />4.2 The property is tax exempt. The construction of the stairwell is expected to cost approximately <br />$20,000. There are no additional fiscal implications. <br /> <br />5.0 STAFF DETERMINED FINDINGS <br /> <br />5.1 Staff has reviewed the merits of the variance necessary to allow the Fire Department to proceed <br />with stairwell safety improvements. Staff offers the following findings: <br /> <br />While the City did create the hardship by building the structure at the setback line, it did not <br />anticipate the revisions to the state and city codes nor the need for dormitory space. <br /> <br />a, The economics of constructing an addition and remodeling versus constructing new are <br /> <br />PH3 19RCA (062601) Page 2 of 4 <br />