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Council Member Heinrich introduced the following resolution and moved for its adoption: RESOLUTION#19-180 A RESOLUTION APPROVING APPEAL FOR A VARIANCE TO BUFFER YARD SETBACKS FOR DELTA MODTECH RECITALS 1. Delta ModTech, hereinafter referred to as the "Permittee", has properly applied for an appeal to the City Council related to a variance request reviewed by the Planning Commission. 2. That the initial variance request was related to the requirement for bufferyard setbacks for industrial uses adjacent to residential uses on the property located at 8200 Bunker Lake Blvd and legally described in Exhibit A (the "Subject Property"). 3. That the Permittee appeared before the Planning Commission for a public hearing pursuant to Section 117-53 of the Ramsey City Code July 10, 2019, and that the public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated by reference. 4. That the Planning Commission voted to deny the variance request at its meeting on July 10, 2019. 5. That the Applicant submitted an official appeal to the City regarding the Planning Commission's decision. 6. That the Subject Property is zoned E-3 Employment and is directly adjacent to property zoned R-3 High Density Residential which requires a sixty(60) foot landscaped buffer yard and a 30% increase in plantings within the bufferyard. 7. That the Applicant has proposed a bufferyard depth of forty (40) feet. 8. That the Permittee has proposed an approximately 200,000 square foot industrial building that includes both office and warehouse space. 9. That the Permittee has sited the actual building a distance of 190 feet from the common property line and that the only encroachment into the standard sixty(60)foot bufferyard are portions of the proposed parking lot. FINDINGS OF FACT 1. That the proposed use will not adversely impact traffic in the area.