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3.0 ST AFF COMMENT 3.1 Section 1007.01Ala requires a minimum building and structure front yard setback of 40 feet and the side yards facing a street on corner lot to be considered that same as a front yard. 3.2 The Community Development Staff is unable to determine when or how the existing structure became non-conforming to the required 40-foot setback. However, there is evidence that both the frontage road (West Highway 36) and St. Croix Street were reconstructed and additional right-of-way obtained that contributed to the non-conformity. 3.3 Staff has determined that the proposed change in use from an office/warehouse structure to an office structure is an intensification of the use and requires a variance, because of the structure's non-conforming setback status. Further, the proposed addition to the southwest comer of the structure is an additional encroachment into the required 40-foot setback. 3.4 Because the structure is changing from a warehouse use to office use, a new mechanical system is necessary. This mechanical system is proposed at ground level within a separate but attached structure to provide better access during cold weather months. A new concrete pad will be poured adjacent to the mechanical room addition for the new air conditioning condenser unit. 3.5 The proposed location is advantageous for serving the existing building (30,000 s.f. which includes the 16,600 s.f. renovation space) because it will provide at-grade servicing, better operation than other sites, and minimal intrusion into the required setbacks. 3.6 The proposed renovated office space (16,000 s.f.) in the existing building may add between 60 and 80 employees; there are over 140 parking spaces in the adjacent parking lot, with more room to expand parking in the future. 3.7 There are approximately 250 employees on approximately 12 acres of the Bonestroo Campus, in two main office buildings totally over 68,000 s.f. 4.0 STAFF VARIANCE FINDINGS 4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to demonstrate that no practical alternatives exist that would reduce the need for a variance 4.2 Variance may be granted where the strict enforcement ofthe literal provisions of the ordinance would cause "undue hardship". The granting of a variance shall only occur when it can be demonstrated that such an action will be in keeping with the spirit and intent of the ordinance. 4.3 "Undue hardship" as used in connection with the granting a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the land owner is due to circumstances unique to the property not created by the land owner, and the variance, if granted, will not alter the essential character of the locality. Specifically to this request: A. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls: The City staff has determined that the property cannot be put to a reasonable use under the official controls. There is insufficient clearance from the ordinary high water level (OHW) on the east side of the existing structure to PF3328 RPCA (071101) Page 2 of2