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4.11 The variance, if �ranted. will not alter the essential character of the localitv: Parking of vehicles at or over the subject parcel's southern property line has been occurring since 1974 or earlier. The proposed parking lot (on MNDOT land) will be reduced in size from its existing configuration and should MNDOT not renew the parking lease, all pavement will be removed up to the City Code required 5 foot setback. The allowance of said encroachment will not create an adverse impact on the adjacent commercial/industrial properties. The Planning Division has determined that the allowance of the requested VARIANCE will not alter the essential character of the locality, nor adversely affect the public health, safety, or general welfare, of the city or adjacent properties as long as certain conditions are met. 5.0 STAFF RECOMMENDATION: 5.1 Based on the comments and findings outlined in Section 5 of this report, the Planning Division recommends approval of the Walser Automotive Group request for a 5 foot VARIANCE to § 1005.01 (Minimal Dimensional Requirements — Side Yard Parking Lot Setback) of the City Code to allow the construction of a new parking up to the southern property line at 2775 Highway 35, subject to the following conditions: a. The applicant must provide a survey indicating the Ordinary High Watermark (OHW) of the adjacent storm water management pond so that verification by the City Engineer can be made regarding the required setback for the new/proposed parking lot. A minimum 10 foot setback from the ponds OHW will be required. b. The paved parking surface must be removed and replaced with appropriate sod and landscaping and a concrete curb and gutter at the required 5 foot setback should MNDOT not renew the lease allowing parking adjacent to the south property line of the subject property. c. The variance (if granted) shall expire within 6 months of the approval date if a building permit is not issued for the respective site pursuant to § 1013.03 of the City Code. 6.0 SUGGESTED ACTION: 6.1 ADOPT VARIANCE BOARD RESOLUTION 45 APPROVING A VARIANCE to Section 1005.01 (Business Districts — Side Yard Parking Lot Setback) of the Roseville City Code to allow the construction of a parking lot on the southern (side yard) property line at 2775 Highway 35, based on the comments and findings of Section 4 and the conditions of Section 5 of the project report dated September 6, 2006. 7.0 NEXT STEPS: 7.1 The decision of the Variance Board is final unless an appeal is filed. The appeal period remains open for 10 days from the date of the decision, and an appeal may be made either by the applicant or by another Roseville property owner. PF3785_RVBA_0090606.doc Page 4 of 4