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2003-062 CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 03-62 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING A PARKING VARIANCE TO CONSTRUCT A WENDY'S WHEREAS, an application for Variance VN03-3 has been made by Wendy's International; and WHEREAS, the procedural history of the application is as follows: 1. That an application for Variance VN03-3 was made by Wendy's International on June 27, 2003; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed notice, held a meeting on the application and reviewed such application on July 29,2003: 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: Tract B Registered Land Survey No. 1367, Hennepin County NOW, THEREFORE, BE IT RESOLVED that application for Variance VN03-3 IS hereby approved based on the following Findings of Fact: 1. That the shape and width of the lot creates a hardship. 2. Based on the traffic study, the site does not need the required parking spaces as per the ordinance requirements. 3. That the proposed fence on the south side of the property minimizes the adverse affects a commercial property abutting a residential property. BE IT FURTHER RESOLVED that application for Variance VN03-3 is hereby approved based on the following conditions: I. That the conditional use permit is granted to construct a Wendy's at 502 Blake Road. 2. That the parking study was determining only the parking requirement for a Wendy's restaurant; any use other than a Wendy's restaurant will have to comply with the existing parking requirement for that use. Adopted this 6th day of August 2003. Eugene J.