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Variance Board Meeting Minutes – Wednesday, September 06, 2006 Page 2 Staff recommended approval of the request, by adoption of a Variance Board Resolution approving a fifteen foot (15’) variance to allow the continued use of a pre-existing parking lot that lies within the newly-established required front yard setback for property at 1755 County Road C, based on the comments and findings of Section 5 and the conditions of Section 6 of the project report dated September 2, 2006. Discussion included concerns of the Variance Board with the accuracy of the site plan as presented and actual on-site and scaled dimensions of the north/south setback line from the north side of the sidewalk along County Road C and the amount of space between the parking lot and sidewalk; comparisons to the scaled map provided by Ramsey County showing revised access points and new curb lines following completion of County Road C reconstruction and right-of-way requirements; location of the proposed three (3) diagonal parking spaces for vehicle display within the setback area; use of existing parking lot, drive lanes and legal encroachments and their relationship to each other; ongoing landscaping discussions between staff and the applicant; and concerns regarding display vehicles so near the sidewalk. Applicant, Dave Mort (), Cummings Mobility SP? Mr. Mort noted that no more than ten (10) vehicles for parking and display were anticipated on the site; that the current parking so close to the sidewalk would be relocated following granting of the variance; and advised that the area of setback between the sidewalk and pavement on the lot was approximately three feet (3’). No one appeared for or against the project at the hearing. Chair Bakeman closed the Public Hearing. Commissioner Doherty opined that he could not support the request as stated at this time; that the sidewalk was too close to the display area; and there were no similar instances along County Road C where the parking lot was within four feet (4’) of the sidewalk; and the space could not support any meaningful landscaping between the parking lot’s paved surface and sidewalk. Commissioner Doherty further opined that he didn’t have any problem with the total of ten (10) vehicles on the lot, but simply the location of the three proposed for display; and that their proximity to the sidewalk was not aesthetically appropriate for the City. Mr. Paschke noted that the hardship had been created by Ramsey County’s reconstruction of County Road C, not by the applicant. Commissioner Boerigter expressed frustration with the site plan, as presented, and the inability of it to provide any meaningful data for the Variance Board to review, given that it wasn’t to scale. Chair Bakeman opined that, because Cummings Mobility was a specialized business and only attracted a certain select clientele; she was inclined to support the request as presented. Chair Bakeman suggested another potential condition to the approval could be increasing the space between the sidewalk and where the parking lot was initiated. Mr. Paschke noted that the only way to increase landscaping between the sidewalk and parking lot would be to redo the parking lot; and that wasn’t historically a required condition for compliance when a hardship was created by another entity (i.e., State, County or City) other than the applicant. City Engineer Debra Bloom addressed several areas of concern related to the proximity of the north/south parking spaces, the drive lane, and sidewalk; while noting the uniqueness of the property and pre-existing circumstances. Ms. Bloom noted that she would need to provide an on-site review and address grade changes on the site related to drainage, visibility, and safety concerns.