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REQUEST FOR BOARD OF ADJUSTMENT AND APPEAL ACTION <br /> DATE: 7/23/2012 <br /> ITEM NO: BOA <br />Department Approval City Manager Approval <br />Item Description: Review and approval of Resolution regarding Findings of Fact pertaining <br />to the Board of Adjustment and Appeals affirmation of the Community <br />Development Department’s determination that a 160,000 sq. ft. retail use <br />is permitted within the Community Mixed Use District. <br />1.0B <br />ACKGROUND <br />1 <br />1.1On July 16, the Roseville Board of Adjustment and Appeals convened to hear testimony <br />2 <br />on two appeals of the Community Development Departments administrative <br />3 <br />determination that a 160,000 sq. ft. retail use was permitted within the Community Mixed <br />4 <br />Use District. <br />5 <br />1.2The Board of Adjustment and Appeals received the Planning Commission’s <br />6 <br />recommendation supporting the administrative decision and heard testimony from <br />7 <br />appellant Ms. Karen Schaffer and Solidarity of West Area Roseville Neighbors <br />8 <br />(SWARN), as well as other residents of the community. The Board of Adjustment and <br />9 <br />Appeals also heard testimony from the property owner and the applicants (Wal-Mart) <br />10 <br />representatives, as well as the Community Development Department. <br />11 <br />1.3The Board of Adjustment and Appeals closed the hearing and discussed the two appeals <br />12 <br />and their merits. <br />13 <br />1.4The Board of Adjustment and Appeals voted 3-2 to deny the appeals by Ms. Karen <br />14 <br />Schaffer and SWARN, concluding that the Community Development Department was <br />15 <br />correct in its determination that a retail development of 160,000 sq. ft. is a permitted use <br />16 <br />within the Community Mixed Use District and that the Zoning Ordinance is not in <br />17 <br />conflict with the Roseville 2030 Comprehensive Plan. <br />18 <br />1.5Per the City Attorney’s recommendation, the Board of Adjustment and Appeals shall <br />19 <br />adopt findings of fact regarding their decision. <br />20 <br />2.0SBAAA <br />UGGESTEDOARD OF DJUSTMENT AND PPEALS CTION <br />21 <br />BM,A <br />2.1 the attached resolution regarding Findings of Fact. <br />YOTIONDOPT <br />22 <br />Prepared by: City Planner Thomas Paschke <br />Attachments: A: Draft Resolution; Findings of Fact. <br />PF12-001_RBOAAA_ZOAppeal_072312 <br />Page 1 of 1 <br /> <br />