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Motion by Board Member LaDue and seconded by Board Member Holland to add a finding to read "That in granting this 88% impervious variance, it complies with the intent of the Wild and Scenic River Act and the Critical Area Designation Executive Order in light of the drainage retention proposal of the Applicant." Motion carried. Voting Yes: Chairperson Deemer, Board Members LaDue, Holland, Hendriksen, Terry, and Thorud. Voting No: None. Absent: Board MemberBawden. Motion by Board Member Terry and seconded by Board member Hendriksen to add a f'mding to read "That the proposed use is an extension of an existing use on the adjoining property, and this type of facility makes the best transition between the heavy traffic area of business and the residential and parks area." Motion carried. Voting Yes: Chairperson Deemer, Board Members Terry, Hendriksen, Holland, LaDue, and Thorud. Voting No: None. Absent: Board Member Bawden. Motion by Chairperson Deemer and seconded by Board Member LaDue to add a finding to read "That this Business zoning was originally approved in the Critical River Overlay District, and the B-3 Business District generally permits much more intensive and high impact business uses; the proposed use is a lower pollution, noise, and traffic generator and will have less impact on the Critical River Overlay District." Motion carried. Voting Yes: Chairperson Deemer, Board Members LaDue, Hendriksen, Holland, Terry, and Thorud. Voting No: None. Absent: Board Member Bawden. Motion by Board Member Thorud and seconded by Board Member Holland to add a finding to read "That City and County Parks adjoin the Subject Property, and there are 300 acres designated as County Park within the Critical River Overlay District within the City limits that will not contribute any discharge into the Critical River Corridor and the commercial properties within the District should receive credit for that substantial non-discharge area." Motion carried. Voting Yes: Chairperson Deemer, Board Members Thorud, Holland, Hendriksen, LaDue, and Terry. Voting No: None. Absent: Board Member Bawden. Motion by Board Member Hendriksen and seconded by Board Member Holland to add a finding to read "That the applicant has stated that the Subject Parcel has been tax delinquent since 1987 and is now fee simple to the State of Minnesota, and in view of the length of time, the property cannot be put to a reasonable use if this variance is not granted." Motion carried. Voting Yes: Chairperson Deemer, Board Members Hendriksen, Holland, LaDue, Terry, and Thorud. Voting No: None. Absent: Board Member Bawden. Motion by Board Member Holland and seconded by Board Member LaDue to adopt Resolution g94-03-053 adopting Findings of Fact/g)357, as amended, relating to William Dubats' request for a variance to side yard setback requirements and impervious surface area restrictions on Lot 3, Block 3, Riverside West. Motion carded. Voting Yes: Chairperson Deemer, Board Members Holland, LaDue, Hendriksen, Terry, and Thorud. Voting No: None. Absent: Board Member Bawden. The Board of Adjustment proceeded to review the terms of the variance. Motion by Chairperson Deemer and seconded by Board Member LaDue to correct the typographical error in term #3, changing the 90% figure to 88%. Board of Adjustment/March 17, 1994 Page 10 of 12