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PROPOSED FINDINGS OF PACT Md{. WILLIAM DUBATS 1. That Mr. William Dubats, hereinafter referred to as 'Applicant', has properly applied for a Board of Adjustment variance from Section 170.016F of the City Code. 2. That the Applicant appeared before the Board of Adjustment for a public hearing pursuant to Section 170.013G of the City Code on December 1, 1987 and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as part of these findings by reference. 3. That the subject property is generally known as 6802 138th Avenue N.W. and is legally described as follows: Lot 1, Block 3, Riverside West, Anoka County, Minnesota 4. That the subject property is located in the B-1 Business District and is approximately 1.3 acres in size. 5. That the subject property is also located in the Critical River Overlay District. 6. That the Applicant is proposing to construct a self-service storage facility which will consist of three structures. The southern structure is proposed to be located approximately 5 feet from the rear property line. 7. That Section 170.016F of the City Code requires a rear yard of 35 feet. 8. That the Applicant is requesting a variance of approximately 30 feet from the required rear yard. 9. That the adjacent property to the south is occupied by an existing self- service storage facility also owned and operated by the Applicant. 10. That the Applicant has agreed to give to the City an additional 7 feet of right-of-way along 138th Avenue N.W. for a future MSA street, thereby decreasing the area of the subject property available for setback requirements. 11. That the Applicant has stated that the variance is necessary in order to preserve the aesthetic quality of the self-service storage facility, namely, in order to maintain consistent spacing between each storage structure. 12. That if granted, the variance will not grant the Applicant any special privilege that is denied by the Zoning Chapter to other owners of land in the B- i Business District. 13. That the Applicant has stated that he will obtain a 15 foot easement for driveway purposes along the northern boundary of the lot immediately south of the subject property for access to the proposed structure. 14. That if granted, the variance will not be materially detrimental to the purposes of the Zoning Chapter or to other properties in the B-1 Business District. 15. That if granted, the variance will not endanger the public safety.