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WHEREAS, the Board of Adjustments and Appeals, upon due deliberation in a public forum, adjudicated the matter on July 16, 2012, by majority vote in favor of affirming the administrative zoning decision of the Community Development Department; NOW BE IT RESOLVED by the Board of Adjustment and Appeals of the City of Roseville, Minnesota, hereby memorializes its conclusion of law and findings of fact as follows: Conclusion of Law The proposed retail and grocery store at a parcel of land to be platted as Lot 1, Block 1, Twin Lakes 2nd Addition is a permitted use under the City's Zoning Code. Findings of Fact 1. The proposed land use conforms to the Statement of Purpose contained within Section 1005.01 of the Zoning Code. Specifically, the proposed use is found to: a. Be part of an allowed mix of commercial development types, b. Provide retail shopping that is conveniently and safely accessible through multiple modes of travel, and will be of high quality and attractive construction as a result of conformance to the standards of the Zoning Code, c. Provide a commercial use in a designated area, d. Be located in such a manner as to allow for appropriate transition to lower- intensity uses adjoining the site and the Twin Lakes area, and e. Through adherence to City code requirements and other regulatory requirements be required to adhere to sustainable design practices that enhance the natural environment. 2. The proposed land use conforms to descriptions of permitted uses contained within the Use Chart relevant to a Community Mixed Use District under the Zoning Code. Specifically, the proposed use is found to potentially consist of some or all of the following permitted commercial uses, and is found to consist of no non-permitted uses: a. Retail, general and personal service, including auto parts, books, clothing, pharmacy, electronics, hardware, office supplies, b. Bank or financial institution, and c. Grocery store 3. The proposed land use conforms to the Statement of Purpose for Community Mixed Use Districts under the Zoning Code. Specifically, the proposed use is found to provide for a permitted commercial use in a single use building, that, through adherence to standards in the Zoning Code, be required to be connected by streets, sidewalks and trails, and open space, to be part of a pedestrian-oriented environment. 4. As it is applied to the proposed land use at issue, no conflict exists between the Zoning Code and the Comprehensive Plan. The Comprehensive Plan is rather found to inform and complement the Zoning Code. 5. The proposed land use nevertheless conforms to the City's Comprehensive Plan as it relates to Community Mixed Use designations. Specifically, the proposed use is found to be a commercial part of a district that is to be connected with sidewalks and trails, using shared parking and other means to create green space and public places. The proposed