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Thl Planning Commission and City Council found the proposal to meet the requirements of So tions 8-210 and 2-230 due to the following: a. The parcel impacted by the setback variance is in the City of Arden Hills. b. The parcel impacted by the setback variance is of unusual shape. c. The parcel impacted by the setback variance is owned by the applicant and will be used for infiltration purposes. d.i The proposed setback would be consistent with a side yard setback in an Industrial e. The proposed setback is functioning as a side yard with regard to the layout of the lot and a jacent uses. f. The proposed variance is a reasonable accommodation of the hardship imposed with a 60 setback. 8. Fi i ther, the Planning Commission would recommend approval of the Variance request if the existing accessory building is removed and a setback to the northern lot line of 6' is e blished, even though 0' currently exists. 9. T City Council accepted the applicant's request for withdrawal of the Nonconforming Use Now I EREFoRE BE Pr RESOLVED, that based upon the above Findings of Fact the application for aite Plan (LP2008-004) and Variance (VN2008-002), are hereby approved, subject to the folio ng conditions: 1 Development in accordance with attached Exhibit A. 2 Implementation of the recommendations of the Director of Public Works/City Engineer noted in the Interoffice Memo dated 5/15/2008, made a part of this report. 3 The applicant agrees to re -address the site to 50 New Brighton Road, consistent with the City of New Brighton's address scheme on New Brighton Road. 4 Implementation of any forthcoming comments of the City Forester on the Landscape Plan. 5 The applicant shall demonstrate compliance with Section 6-390 (12) with regard to exterior building materials on the street sides of the structure. 6 The applicant revises the Site Plan to address the following concerns, as illustrated on attached Exhibit A: a. Removal of the southern -most parking stall on the west end of the proposed building. The front yard shall be extended north into this area to better comply j 1 with yard requirements, and l b. The existing 24' x 28' accessory structure is removed from the plan and a new curb -line is established at a setback no less than 6' from the northern lot line. 7 The applicant may retain the existing 24' x 28' accessory structure during construction with submission of a Letter of Credit equal to $10,000 to cover demolition costs. A Certificate of Occupancy will not be issued until this structure has been removed. 8� All proposed signage shall comply with Zoning Code Section 9-100. 9 Prior to issuance of a building permit, the applicant shall provide a permit from the 1 Rice Creek Watershed District. this 27`s day of May, 2008. 3PORTS\200MCoimnunity DevelopinentA5-27-2008\LP2008-004, VA2008-002 (Miller Architects on behalf of Inter -Plant) - #l.doc 2