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HomeMy WebLinkAboutResolution No. 092-04 77 RESOLUTION WHEREAS, Seventh Street Business Plaza, LLC, applied for a variance from the requirements of R.C.O. Section 64.146 as to access spacing standards with respect to General Development Plan #225 to be known as Waters Instruments (Variance #04-04). Section 64.146 states that access to this subdivision is limited to a single shared access no greater than 32 feet in width and in a location approved by the City Engineer; and, WHEREAS, the City Engineer has reviewed the request for the two proposed access locations for street access onto Seventh Street N.W., and has no objection to permitting the access as shown on the General Development Plan; and WHEREAS, Section 60.417 of the Rochester Code of Ordinances provides the criteria by which a variance request is analyzed; and, WHEREAS, this matter came before the Council at its February 18, 2004, meeting; and, WHEREAS, at the February 181h public hearing, the Council made the following findings of fact as a result of its review of the criteria stated at Section 60.417: 1) There does not appear to be extraordinary conditions that apply to the applicant's property that may not apply generally to other properties in the • area. The property has two existing accesses from Seventh Street N.W., (an arterial roadway classification). The applicant has submitted a revised General Development Plan addressing the need for stacking of vehicles exiting the site such that access to parking stalls by inbound vehicles is not impeded by outbound vehicle stacking. In addition, the applicant shall be required to construct turn lanes on Seventh Street N.W., serving the proposed accesses; 2) The granting of the variance is not necessary to allow the reasonable use of the property. The proposed General Development Plan could be approved permitting only one 32-foot wide single shared access to the property. However, the granting of this variance would allow additional stacking of vehicles exiting the site that access parking stalls by inbound vehicles not being impeded by outbound vehicle stacking; 3) The granting of the variance request does not appear to be materially detrimental to the public welfare or to other properties in the area; 4) The minimum variance that would be necessary to alleviate the alleged hardship would be a variance to the reduction in spacing standards allowing the proposed westerly access within the General Development Plan #225 to be known as Waters Instruments; and, • WHEREAS, based upon its findings of fact, the Council concluded that the 'Applicant has satisfied the criteria provided by Section 60.417 and, as such, is entitled to the `requested variance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester that the City grant to the Seventh Street Business Plaza, LLC, a variance from the requirements of R.C.O. Section 64.146 as to access spacing standards with respect to General Development Plan #225 to be known as Waters Instruments (Variance #04-04). PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF ROCHESTER, MINNESOTA, THIS / DAY OF Fc5heZ , 2004. P SIDENT OF SAVCOMMON COUNCIL ATTEST: rt� CI Y CLERK APPROVED THIS ?W DAY OF &64ffkld( 12004. MAYOR OF SAID CITY (Seal of the City of Rochester, Minnesota) Zone2000\VadanceRes.0404 i r k 1 a"