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Variance Board Meeting Minutes – Wednesday, September 06, 2006 Page 6 essence to determine whether a side yard setback for the parking lot would be required. Mr. Paschke noted that, since the Commission’s hearing and recommendation of support, the Walser Conditional Use Permit had been approved by the City Council at their August 24, 2006 meeting, and the City Attorney determined that a Variance was required to allow a five foot (5’) parking lot encroachment for the southern parking lot as proposed by the applicant. Staff recommended approval of the request, by resolution, to allow the construction of a parking lot within the southern (side yard) property line setback 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. Discussion included including a time period for Condition “b” should MnDOT not renew the lease, the applicant would be required to remove the paved parking surface and replace it with appropriate sod and landscaping, with a concrete curb and gutter at the required five foot (5’) setback. The applicant will be required to notify the City at such time as the lease is not renewed. Applicant David Phillips, Architect for Walser Mr. Phillips advised that the lease with MnDOT was for two (2) years, and had been renewed on a bi-annual basis for twenty-plus (20+) years. Mr. Phillips further advised that it was the applicant’s intent to place 970 underground structures to treat storm water on site, and that it would be a state-of-the-art system that would substantially improve the parcel and overall area drainage impacts. No one appeared for or against the project at the hearing. Chair Bakeman closed the Public Hearing. MOTION [6.1]: Member Boerigter moved, seconded by Member Doherty, to adopt Variance Board Resolution No. 45 entitled, “A Resolution Approving a Variance to §1005 of the Roseville City Code for Walser Automotive Group, 2775 Highway 35W (PF 3785);” 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; with Condition ‘b” amended to read: “The applicant shall provide notification to the City should MnDOT, at any time now or in the future, not renew the lease agreement; at which time the applicant will remove the paved surface and replace the paved parking surface with appropriate sod and landscaping and a concrete curb and gutter at the required five foot (5’) setback to be completed within a reasonable period of time as determined by the City at it’s sole discretion.” Ayes: 3 Nays: 0 Motion carried. 5. Adjournment Chair Bakeman adjourned the meeting at 6:22 p.m.