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2003-055 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 03-55 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A HEIGHT VARIANCE TO ALLOW A JUICE TOWER. WHEREAS, an application for Variance VN03-2 has been made by Citrus Systems; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN03-2 was made by Citrus Systems on May 23,2003; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on June 24, 2003: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of the City staff were considered; and 4. Legal description of the parcel is as follows: Blocks 1, 2, 3 and 14 including the adjacent vacated alleys and vacated streets subject to road easements, West Minneapolis Center NOW, THEREFORE, BE IT RESOLVED that application for Variance VN03-2 IS hereby approved based on the following Findings of Fact: 1. That the subject property is unique because it abuts the Hennepin County Regional Railroad Authority Property. 2. That although the applicant's property technically abuts a residential zoning district the location of the tower and the size of the lot minimizes any impacts to the residential district. BE IT FURTHER RESOLVED that application for Variance VN03-2 is hereby approved based on the following conditions: 1. That the applicant pays all attorney fees associated with this application. 2. That no cellular phone equipment will be mounted on the juice tower. Adopted this 1st day ofJuly 2003. ATTEST: ~4 Eugene J axwell,_ Mayor