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<br />SECTION 1007.01Ala <br />VARIANCE <br />Code Re uirement <br />40 foot front ard setback <br /> <br />Pro osed Location <br />30 foot front ard setback <br /> <br />Variance Re uested <br />10 feet <br /> <br />3.0 STAFF COMMENT <br /> <br />3.1 Section 1007.01Ala requires a minimum building and structure front yard setback of 40 <br />feet and the side yards facing a street on comer lot to be considered that same as a front <br />yard. <br /> <br />3.2 The Community Development Staff is unable to determine when or how the existing <br />structure became non-conforming to the required 40-foot setback. However, there is <br />evidence that both the frontage road (West Highway 36) and St. Croix Street were <br />reconstructed and additional right-of-way obtained that contributed to the non- <br />conformity. <br /> <br />3.3 Staff has determined that the proposed change in use from an office/warehouse structure <br />to an office structure is an intensification of the use and requires a variance, because of <br />the structure's non-conforming setback status. Further, the proposed addition to the <br />southwest comer of the structure is an additional encroachment into the required 40-foot <br />setback. <br /> <br />3.4 Because the structure is changing from a warehouse use to office use, a new mechanical <br />system is necessary. This mechanical system is proposed at ground level within a <br />separate but attached structure to provide better access during cold weather months. A <br />new concrete pad will be poured adjacent to the mechanical room addition for the new air <br />conditioning condenser unit. <br /> <br />3.5 The proposed location is advantageous for serving the existing building (30,000 s.f. <br />which includes the 16,600 s.f. renovation space) because it will provide at-grade <br />servicing, better operation than other sites, and minimal intrusion into the required <br />setbacks. <br /> <br />3.6 The proposed renovated office space (16,000 s.f.) in the existing building may add <br />between 60 and 80 employees; there are over 140 parking spaces in the adjacent parking <br />lot, with more room to expand parking in the future. <br /> <br />3.7 There are approximately 250 employees on approximately 12 acres of the Bonestroo <br />Campus, in two main office buildings totally over 68,000 s.f. <br /> <br />4.0 STAFF VARIANCE FINDINGS <br /> <br />4.1 Section 1013.02 requires the applicant to demonstrate a physical hardship and to <br />demonstrate that no practical alternatives exist that would reduce the need for a variance <br /> <br />PF3328 RCA (072301) Page 2 of5 <br />