06-0302R                                                          REPLACEMENT



     The city council finds as follows:

     (a)  The planning commission, on March 14, 2006, by a vote of 11 members, granted the variance from strict application of Ordinance 51-29(c)(1) to the premises at 3802 Trinity Road, which variance was requested by Scott and Susan Hansen (applicants);

     (b)  The council has heard the appeal of the decision of the planning commission and bases its decision upon the entire file of the city and the planning commission and the testimony and materials presented to it;

     (c)  The standards for granting this variance are found in state law and in City Code, sections 51-30, 51-2;

     (d)  The requested variance does not compromise the general purposes or intent of Article III of Chapter 51 and of Chapter 51 because the variance, if granted, will not significantly adversely affect Miller Creek, a water resource within the city, or any other water resource, nor cause an irreversible impact upon unique and fragile land;

     (e)  The grant of a variance must be based upon a showing of the existence of a hardship.

           The claimed hardship is:

           (1)  That the following circumstances are unique to the property in question. The project cannot go forward without a variance due to the unique circumstances of the property in question;

           (2)  The strict application of Section 51-29 (e)(1) would not allow the property to be used for the reasonable use of operating a service station, because an impervious surface is a major land use of operating a service station.;

           (3)  The plight of the applicant is caused by actions from the state of Minnesota department of transportation to improve Trinity Road (Highway 53) and is not created by the landowner;

           (4)  The claimed hardship is not made up of only economic considerations;

     (f)  The following propositions set out above have been shown: paragraphs (d), (e)(1), (e)(2), (e)(3), (e)(4) (insert above only ones from this list that have been shown or proven: paragraphs (d), (e)(1), (e)(2), (e)(3), (e)(4));

     (g)  In order to qualify to receive a variance, all propositions in the list of paragraphs in paragraph (f), above, must have been proven and shown. Because all were proven or shown, the applicants are qualified to receive the requested variance;

     (h)  Any additional important, relevant considerations that have been shown are: methods to reduce the impervious surface coverage are not practical for service stations; pervious pavers would allow gas, oil and other products a direct route to ground water, with a subsequent impact on Miller Creek which is located directly across from the proposed service station; applicant will be installing stormceptors that will separate petroleum products from stormwater runoff thus reducing environmental impacts. In addition, the pervious surfaces areas will channel potential spills away from public roadways into the on-site drainage system that directs spills and fluids to the stormceptors.

     THEREFORE, BE IT RESOLVED, that the decision of the planning commission to grant the requested variance from impervious surface limits for construction of an allowed use located at 3802 Trinity Road (Scott and Susan Hansen, F.N. 06019) is affirmed and the variance is granted.

STATEMENT OF PURPOSE:  This resolution affirms the decision fo the planning commission to approve a variance to allow for an increase in impervious surface coverage for a service station located at the northeast corner of Trinity Road and Anderson Road. Code allows for 30 percent coverage, 71 percent coverage is requested. In addition to the variance to impervious surface coverage the Hansen’s have requested a special use permit for filling and grading and a zoning reclassification application from R-1-b, One Family Residential, to C-2, Highway Commercial (File Ordinance No. 06-009-0).

Pursuant to Minn. Stat. § 15.99, the city council must act no later than June 16, 2006, which is 120 days from the date of application.

APPLICATION DATE: February 21, 2006

FINAL ACTION DATE: June 16, 2006