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Monthly Status Report Complete Complete Complete Pending Pending 3/17/94 3/I7/94 3/17/94 3/17/94 3/17/94 in light of the drainage retention proposal of the Applicant." Add #22 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." Add #23 to mad "That this Business zoning was originally approved with 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." Add #24 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." Add #25 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." Execute Resolution #94-03-053 (Holland/LaDue/All) adopting Findings of Fact 440357, 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. Regarding the terms of the variance for Mr. Dubats: The Board of Adjustment approved I, 2, and 4-6, and directed Staff to amend as follows: (3) Correct the typo, changing 90% to 88%. Add a term to read "A building permit should not be granted until certification of approval is received from the Department of Natural Resources or 30 days has lapsed with no response." Execute Resolution #-94-03-054 (Terry/Hendriksen/AlI) approving the issuance of a variance to William Dubats for Lot 3, Block 3, Riverside West, and declaring terms of same, as amended. The Board of Adjustment directed you to put a case on the Planning Commission agenda regarding total accessory space allotment as it pertains to non-contiguous parcels of record; Obtain the City Attorney's opinion as to whether the total accessory space allotment on a non-contiguous parcel should be based on the portion of the lot where the principal structure is located or on ail portions making up the parcel of record. The Board of Adjustment' directed Staff and legal counsel to investigate the possibility of providing an equal right of appeal to both the applicant and those opposing the granting of a variance. It was also suggested that perhaps the City Council should withdraw · the applicant's right of appeal. 2.6,