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General discussion ensued. Member Cunningham asked that if plan 3 did not proceed after being approved, it should be at Mr. Wieden's expense to change the driveway. Motion: Member Klausing moved, Member Wilke seconded, to recommend the granting of the variance to allow the construction of an attached double stall garage on the Eldridge Avenue side of the property at 2125 Dale Street subject to the following conditions: 1. The west side of the garage be screened to minimize the visual impact of the garage to the property to the west, and if the applicant chooses to pursue plan 2, the variance for plan 3 is then void. The planning commission recommends the granting of the variance based upon the following findings: 1. The unique physical features of the property (i.e., the slope of the land running toward Dale Street, the traffic levels on Dale Street, and the pathway crossing the applicant's property) create a physical hardship; 2. The hardship is not the applicant's creation; and, 3. If granted, the variance will not impact the health, safety or general welfare of the community. Member Mulder noted that other alternatives could be done without a variance. The findings are stretched. The variance is too intrusive to the Code. Member Olson agreed with Member Mulder. The pathway does not make this driveway non-conforming. Member Cunningham agreed with Member Mulder's reasoning. Motion: Member Wilke moved, Member Egli seconded, to table consideration of Planning File 3211, request by Kenneth Wieden for Variance, to the June 14, 2000 Planning Commission meeting. Ayes: 3, Wilke, Egli, Klausing Nays: 4, Cunningham, Rhody, Olson, Mulder Motion defeated 3-4. Vote on original motion to recommend granting of the requested variance, based on findings and conditions outlined. Ayes: 3, Wilke, Egli, Klausing Nays: 4, Cunningham, Rhody, Olson, Mulder Motion defeated 3-4. The report to the Council, on May 22nd, is that the Planning Commission did not approve a recommendation. The motion failed 3 (ayes) to 4 (nays). Excerpt of Minutes, Planning Commission meeting of May 10, 2000: Gf. Planning File 3208: A request by CSM Corporation to amend the Centre Pointe Planned Unit Development Agreement (No.2880) for a modification allowing a third hotel within the PUD limits. The parcel is located south of the existing Veritas Software structure. Chair Klausing opened the hearing and requested Dennis Welsch to provide a verbal summary of the request as described in the staff report dated May 10, 2000. Dennis Welsch provided background and explained building, parking and traffic issues. Chair Klausing asked for details for the amendment process. Kent Carlson, Ryan Companies, explained the projects completed to date in the Centre Pointe Business Park. He explained the Veritas growth plan for the site and Veritas' request for additional hotel space to house their trainees and business clients.