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WHEREAS, Bonten, Inc. also desires to combine 8 existing lots and/or parcels into 3 lots, each under separate ownership and including an office building with associated/required parking; and WHEREAS, said proposed land division creates a situation whereby the required side yard setback for a structure in a B-4 and I-I zone cannot be met due to the proposed zero lot line that would be created by linking the new and existing office buildings; and WHEREAS, a review of the proposal by the City Planner has concluded that all other dimensional requirements of Section 1005 and 1007 can be achieved or are currently Code compliant, but the proposal is unable to meet the side yard setback requirement od Sections 1005.01 and 1007.01 of the Roseville City Code; and WHEREAS, the City Planner has reviewed the proposal by Bonten, Inc. and determined there is justification for granting VARIANCES to Section 1005.01 and 1007.01 of the Roseville City Code. WHEREAS, the Roseville Planning Commission held a public hearing regarding the Bonten, Inc. request on January 4,2006, recommending (4-0) approval of the VARIANCES, with conditions; NOW THEREFORE BE IT RESOLVED, by the Roseville City Council, to approve a 10 foot VARIANCE to Section 1005.01 and a 10 foot VARIANCE to Section 1007.01 of the Roseville City Code for Bonten, Inc. and their property addressed at 2361 & 2335 Highway 36, to allow construction of a 4 story office building that creates a zero lot line on the west and east sides of the building, subject to the following conditions: 1. There is no decrease in the Fulham Pond storage volume after reconstruction due to the proposed reconfiguration of this storm water pond. 2. An easement agreement executed between the City and Bonten, Inc. regarding the construction of a 4 story, 60,000 sq. ft. office building over a public utility easement. Conditions to be addressed by this agreement are indicated in Section 4.4 and 4.7 above. 3. A Public Improvement Contract be executed for the proposed public improvements necessary to reconfigure the pond and storm water utilities. 4. The applicant entering into a Proof of Parking Agreement with the City detailing current and future on-site parking requirements and the requirement of future structured parking on Lot 3, Block 1. 5. The design of the new office building be consistent with Section 1005, 1007 and 1010 of the Roseville City Code. 2