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EXTRACT OF MINUTES OF MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF ROSEVILLE Pursuant to due call and notice thereof, a special meeting of the Board of Adjustment and Appeals of the City of Roseville, County of Ramsey, Minnesota, was held on the 23rd day of July 2012 at 6:00 p.m. The following Members were present: McGehee, Pust, Johnson, Willmus, Roe; and no members were absent. Board Member Willmus introduced the following resolution and moved its adoption: RESOLUTION NO. 10994 A RESOLUTION REGARDING THE DETERMINATION OF A PERMITTED USE WITHIN THE COMMUNITY MIXED USE ZONING DISTRICT WHEREAS, on June 8, 2012, the Roseville Community Development Department received a formal request from Wal-Mart Stores, Inc., seeking an administrative zoning decision determining whether the operation of a retail and grocery store at a parcel of land to be platted as Lot 1, Block 1, Twin Lakes 2' Addition is a permitted use under the City's Zoning Code; WHEREAS, on June 21, 2012, the Roseville Community Development Department issued a formal administrative zoning decision determining that said retail operation indeed is a permitted use under the applicable portions of the City's Zoning Code; WHEREAS, on July 2, 2012, the City of Roseville received an appeal of the administrative zoning decision from property owner Karen Schaffer pursuant to Section 1009.08 of City Code; WHEREAS, on July 2, 2012, the City of Roseville received an appeal of the administrative zoning decision from a property owner collective known as Solidarity of West Area Roseville Neighbors ("SWARN") pursuant to Section 1009.08 of City Code; WHEREAS, on July 11, 2012 the Planning Commission met and by majority vote supported staff's administrative determination that Wal-Mart is a permitted use; WHEREAS, said appeals each sought reversal of the administrative zoning'decision from the Board of Adjustments and Appeals on the basis that the proposed land use is not a permitted use under the City's Zoning Code; WHEREAS, the Board of Adjustments and Appeals conducted a public meeting on July 16, 2012, to hear and receive evidence on the matter from all interested parties, including a recommendation from the Planning Commission, as well as the general public; and,