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WHEREAS, the Planning Division has concluded that "hardships" are present and <br />support can be given to deviate from the strict requirements of the Roseville City Code if the <br />conditions identified below are met; <br />NOW THEREFORE BE IT RESOLVED, by the Roseville Variance Board, to approve a <br />5-foot VARIANCE to Section 1005.01 (Minimum Dimensional Requirements — Side Yard <br />Parking Setback) to allow the pavement of the parking area up to the southern property line at <br />2775 Highway 35W, subject to the following conditions: <br />1. The applicant must provide a survey indicating the Ordinary High Watermark <br />(OHW) of the adjacent storm water management pond so that verification by the <br />City Engineer can be made regarding the required setback for the new/proposed <br />parking lot. A minimum 10 foot setback from the ponds OHW will be required. <br />2. The applicant shall provide notification to the City should MnDOT, at any time <br />now or in the future, not renew the lease agreement; at which time the applicant <br />will remove the paved surface and replace the paved parking surface with <br />appropriate sod and landscaping and a concrete curb and gutter at the required tive <br />foot (5') setback to be completed within a reasonable period of time as determined <br />by the City at it's sole discretion. <br />3. The variance (if granted) shall expire within 6 months of the approval date if a <br />building permit is not issued for the respective site pursuant to § 1013.03 of the <br />City Code. <br />The motion for the adoption of the foregoing resolution was duly seconded by Variance <br />Board Member poherty and upon vote being taken thereon, the following voted in favor: <br />Members Bakeman, Boerigter, and Doherty; <br />And none voted against; <br />WHEREUPON said resolution was declared duly passed and adopted. <br />� <br />