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Regular Council Meeting <br />4-17-00 <br />Page 12 <br />Mr. I?iemert said Production Distribution requires 100'. That is where they are zoned. <br />They want to go to roughly 60' back. If it were zoned Office-Laboratory, that is what <br />would be required. <br />Mr. Rapaszky said they are asking for a 42' variance from the paved surface to Beta Drive <br />to the parking area which would be in excess of 73'. We are asking to reduce the 100' <br />setback by about 40'. That would leave 60' in the green but from Beta Drive itself it is about <br />another 18' where our property starts at. <br />Mayor Rinker asked if he is saying that they are beyond the 100' setback. <br />Mr. Samac clarified that there is 16' plus of green area that is a tree lawn and it is in the <br />right-of-way. The setback is measured froxn the property line right-of-way. <br />Mayor Rinker said whenever a variance is requested, there are a number of factors. But <br />you look to the impact on the neighborhood, you look to the specific constraints of the site <br />and practical difficulties. There are certain unique factors. In each case that comes forward <br />if the concern is what the visual impact is going to look like, that very much factors into the <br />rise and fall of the given variance request. In this instance I have heard that with the height <br />of the grade between Beta and the parking lot, as you move towards Beta and maintain the <br />proper slope with the parking lot itself, you actually are moving into kind of a hump of <br />land. That may not be true in another section of Beta. There are topographical issues here <br />that come into play. If in another instance someone makes the request and it doesn't have <br />the same topography, that is one factor that the Village can look to. When people talk <br />about precedential value, as long as you can fairly and objectively distinguish that is within <br />the discretion of the municipality, and the discretion of the municipality is quite strong. <br />Mr. Buckholtz asked what kind of landscaping constraints there are or can be. <br />Mr. Diemert said the code requires some. You can make a conditional variance to any <br />extent. <br />Mr. Buckholtz said regarding the vote tonight. <br />Mayor Rinker saicl I thia* y%Z cax? PustomXzze it. .1 would suggest that you leave it open- <br />ended enough solhat ivhen 'specific plaris are proposed you would have the ability to <br />impact in a fundamental way. Instead of trying to guess it all now. <br />Mr. Buckholtz asked who would have that power. <br />Mayor Ritiket said tbtincil; Council can enact that in its legislAtiorL