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WHEREAS, Section 1005.01 (Minimal Dimensional Requirements -Setbacks} <br />requires a minimum side yard parking lot setback of five feet from an adjacent Business <br />zoned property line; and <br />WHEREAS, the pre-existing parking lot on the east and the pre-existing parking <br />lot and proposed drive lane (after site improvements are completed) on the west will both <br />lie at the property line; and <br />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; <br />NOW THEREFORE BE IT RESOLVED, by the Roseville Variance Board, to <br />APPROVE a 4-foot VARIANCE for the existing building setback from the eastern <br />property line; a 1-foot VARIANCE for the parking lot setback along the Larpenteur <br />Avenue right-of--way; a 5-foot VARIANCE for the parking lot setback from the eastern <br />property line; and a 5-foot VARIANCE to the required parking lot setback from a side <br />property line; all to § 1005.01 (Minimum Dimensional Requirements -Setbacks) of the <br />Roseville City Code, subject to the following conditions: <br />1. An internal dumpster enclosure is indicated on the site plan, consistent with Code <br />requirements. City staff will review the trash-handling needs for retail/office <br />facilities of this size to ensure that the proposed dumpster enclosure will be <br />sufficient for the property; staff must approve the size of the enclosure prior to <br />issuance of a building permit. <br />2. Provision of handicap parking spaces must comply with ADA requirements. If <br />necessary, City staff will work with the applicant to resolve any outstanding <br />issues. <br />3. The species and type of vegitation indicated in the landscape plan must be <br />reviewed and approved by City staff. <br />4. If the proposed retaining wall is to be more than 4 feet in height, the wall must be <br />designed by an engineer and the design must be reviewed and approved by the <br />Building Official and/or the City Engineer. <br />5. If the existing cross-access easement does not permit access to the adjacent <br />properties for the purpose of constructing the retaining wall, a temporary easement <br />must be stablished to allow this. <br />6. An encroachment agreement must be signed by the applicant to release the City <br />from any financial liability if the parts of the retaining wall encroaching into the <br />sanitary sewer easement were to be damaged while working within the easement. <br />7. A fence (between 4 feet and 6 feet in height) must be installed on top of the <br />retaining wall to prevent accidental falls. <br />Page 2 of 4 <br />