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RZ07-16 �` CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: RZ07-16 RESOLUTION MAKING FINDINGS OF FACT AND RECOMMENDING APPROVAL OF A VARIANCE FOR A DRIVE-THROUGH WHEREAS, an application for Variance VN07-5 has been made by Snyder Drug.; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN07-5 was made by Snyder Drug on July 27, 2007; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on August 28, 2007: 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: Lots 15, 16, 17 and the South ten feet of Lot 18, all in Block 67, West Minneapolis, Second Division, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, State of Minnesota NOW, THEREFORE, BE IT RESOLVED BY THE ZONING AND PLANNING COMMISSION OF THE CITY OF HOPKINS, MINNESOTA, that application for Variance VN07-5 for a drive-through variance is hereby recommended for approval based on the following Findings of Fact: 1. That with the construction of the drive-through on the north side of the building will allow a drive-through lane. 2. That the construction of the drive-through will not create a traffic problem on Ninth Avenue. 3. That a unique circumstance exists in that the site is surrounded by private parking, a public alley,public parking, and a public street. 4. That the granting of the variance will be consistent with the intent of the ordinance in that the traffic from the drive-through is on Ninth Avenue. � RESOLUTION NO: RZ07-16 .Page 2 � BASED ON THE FOREGOING FINDINGS OF FACT, the Zoning and Planning Commission of the City of Hopkins, Minnesota, hereby determines that the literal enforcement of the requirement to abut First Street North or South would cause an undue hardship because of circumstances unique to the subject property, that the granting of the requested variance to the extent necessary to compensate for such hardship is in keeping with the intent of the Hopkins City Code, and that the drive-through variance is reasonable. Therefore, application for Variance VN07-5 is recommended for approval subject to the following condition: 1. That the proposed drive-through is granted only for a drug store. Adopted this 28th day of August 2007. ATTEST: �C ..--�� yle Skiermont, Chair � L�