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AND WHEREAS, the Planning Commission's recommendation was subject to the following conditions: 1. Review and support for the project from the Minnesota Department of Transportation 2. Completion of a traffic study to better document the impact, or lack of significant impact,to the operation of the signal at Snelling and the mall entrance. 3. Revised stand-alone canopy plans that include similar building materials or improved design. 4. Applicant/owner shall submit a revised parking lot plan with inclusion of pedestrian connection running east/west across the parking lot. AND WHEREAS, the City Council has also determined that approval of the proposed CU permitting a drive-through at Chick-fil-A at HarMar Mall will not adversely impact the surrounding properties based on the above listed findings; and WHEREAS, the City Council has determined that all conditions of approval recommended by the Planning Commission have been achieved, therefore said conditions are no longer necessary. NOW THEREFORE BE IT RESOLVED, by the Roseville City Council, to APPROVE a drive- through as a CONDITIONAL USE at 2100 Snelling Avenue, in accordance with §1009.02.0 and §1009.02.D.12 of the City Code, subject to the following conditions: 1. An ADA compliant sidewalk shall be constructed at the proposed pedestrian access point from Snelling Avenue to Old Chicago. I Mall ownership and the applicant's ownership shall execute and record a parking allocation agreement so as to provide no less than 42 parking stalls for the exclusive use of the applicants customers. The motion for the adoption of the foregoing resolution was duly seconded by Council Member Etten and upon vote being taken thereon, the following voted in favor: Laliberte, Etten and Roe; and Willmus and McGehee voted against. WHEREUPON said resolution was declared duly passed and adopted. Page 3 of 4