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1992-032 ..' :,.. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 92-32 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR A VARIANCE WHEREAS, an application for a variance entitled VN 92-1 made by ED CO Products is approved. WHEREAS, the procedural history of the application is as follows: 1. That an application for a variance VN 92-1 was filed with the City of Hopkins on March 6, 1992. 2. That the Hopkins Planning Commission reviewed such application on March 31, 1992. 3. That the Hopkins Planning Commission, pursuant to mailed notice, held a hearing on March 31, 1992: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning Commission were considered. 5. The following is a legal description of the property: Auditors Subdivision No. 239, Lot 90, commencing at the SW corner of Lot 90, then . northeasterly along the south line to the center line of Polk Street, then north along said center line to the northwesterly line of Lot 90, then southwesterly along said northwesterly line to a point 99 1/10 feet northeasterly from the northwesterly corner thereof, then at right angles southeasterly one foot, then southwesterly parallel with the northwesterly line of said Lot to the west line thereof, then south to beginning. NOW THEREFORE BE IT RESOLVED, that application for VN 92-1 is hereby approved based on the following Findings of Fact: 1. The unusual lot layout and the various building locatiuns create undue hardship for expansion and development. 2. The City's intent to retain right-of-way over Tyler although not used as such for public right-of-way creates undue hardship for building expansion. 3. That the uncertainty of the widening of County Road 3 creates an undue hardship for the applicant. t ~ BE IF FURTHER RESOLVED, that application for VN 92-1 is hereby approved subject to the following conditions: 1. That the applicant will execute a right-of-way use agreement with the City for the parking area on Tyler Avenue. 2. That if Tyler Avenue is upgraded as a thru street that the applicant provide the City with a plan detailing where the office parking would be relocated. Such a plan shall not create a non-conformance as relates to available parking for the entire Edco development. Adopted this 7th day of April, 1992. ~ W. Berg, Mayo ATTEST: // ~C:( A. Genellie, City Clerk