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Member Mulder explained that the parking issue has been decided previously. Joel Jamnik noted that parking needs have been satisfied based on staff review. Chair Klausing explained his focus on undue hardship, altering the locality and economic impacts. The undue hardship is not demonstrated. Member Rhody stated that he felt the applicant has met the requirements and definition of undue hardship. The mall is viable with a larger store. The unique set of circumstances was not created by the applicant, but by the history of the mall. The economic vitality of the mall is at stake. Chair Klausing asked Member Rhody for details on undue hardship and economics. Member Rhody noted that the mall would not be feasible without Phase II of the mall. Member Mulder agreed that undue hardship was not met by the applicant. The original add-on space was not big enough, now must get bigger. Everything approved in 1987 and 1995 could still be done and could be reasonable uses of the site today. Member Cunningham asked for details of traffic into the mall; 5,000 movements per day. Thomas Paschke explained 5,500 - 6,500 trips per day are typical for a Cub. Bradley has made the case for the hardship based on failure of other stores in this site. Cub is readily visible and recognizable and can survive on this site. At Pavilion Place, grocery and theatres are at opposite ends of mall. Member Cunningham said he could not support the variance based on impacts to health, safety, welfare, truck traffic, etc.. Member Egli stated the uniqueness is not a problem. She supports the variance to improve the conditions on the site, the traffic along the east side, and improve traffic flow near the theatre. She is concerned about failure of mall and changes in essential character of the neighborhood. Har Mar is not platted property, and has lost lot coverage, and has other unique residential constraints. A grocery store is a reasonable use and it would include covered docks. Member Wilke explained his concerns with traffic. If the variance is granted, significant improvement can be made to the mall and neighborhoods. He is supporting the variance. Member Olson stated her concern for increases in truck traffic integrated with customer traffic. She will not vote in favor. Member Rhody said the City worked hard to prepare 24 hour standards and should focus on the variance. Member Mulder state that the Planning Commission should refrain from hypothesizing on economic factors. The land use is the topic; should it be expanded - is the core issue. Member Olson noted larger building impacts the parking and traffic. These issues cannot be separated. Chair Klausing suggested focusing on the provisions of case law, and the proposal meets the spirit and intent of the ordinance. There is a difference between homeowner and commercial property owners. The lot coverage intent was to prohibit over-development of sites. The City could revisit the ordinance rather than grant the variance. Motion: Member Mulder moved, Chair Klausing seconded, to recommend denial of the variance request for Bradley Operating Limited Partnership based on the following findings: o It is the recommendation of the Planning Commission that the request by Bradley Operating Limited Partnership for a variance, PF3194, from Section 1 006.02C (Lot Coverage) and 1011.02 (Non-Conforming Uses: Existing Structures or Uses) permitting an additional 18,508 square feet of retail sales area, enclosed loading area and enclosed trash area at Har Mar Mall, 2100 Snelling Avenue, be denied. o The recommendation of the Planning Commission is based upon the following findings: 1. The strict enforcement of existing ordinance would not cause an undue hardship on the applicant. Specifically, that within the current lot coverage limitations, the applicant is still able to put the property to a number of reasonable uses. 2. There is nothing "unique" about the property under consideration. All shopping center districts are subject to the same lot size coverage restrictions. Ayes: Klausing, Mulder, Olson, Cunningham Nays: Wilke, Egli, Rhody Motion adopted 4-3.