Resolution - #00-12-318 - 12/05/2000

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• 8. That the excessive MnDOT right -of -way width in the vicinity of Xkimo St. N.W. and T.H. #47 makes it unfeasible to provide a 15 foot wide strip of green space adjacent to T.H. #47 without reducing the amount of green space provided adjacent to Xkimo Street N.W. below an acceptable level, given the R -1 Residential use in existence on the east side of Xkimo Street. 9. That there will be at least 15 feet of green space and a pedestrian trail adjacent to T.H. #47, but it will be within the highway right -of -way and not on the Applicant's site. 10. That the Applicant has submitted a green space calculation exhibit that identifies that the proposed green space along Xkimo Street N.W. meets or exceeds the minimum required. 11. That the variance requested is the minimum variance which would alleviate the hardship. 12. That if granted, the variance will not permit a use that is prohibited in the B -1 Business District. 13. That if granted, the variance will not impair an adequate supply of light and air to adjacent property. 14. That if granted, the variance will not unreasonably increase the congestion in the public street, 15. That if granted, the variance will not increase the danger of fire or endanger the public safety. 16. That if granted, the variance will not unreasonably diminish property values in the neighborhood. 17. That if granted, the variance will not violate the intent of the Comprehensive Plan. 18. That, if granted, the variance will not grant the Applicants any special privileges that is denied to other owners of land in the same district. 19. That undue hardship will result if the variance request is denied due to the existence of special conditions and circumstances which are peculiar to the land and which are not applicable to other lands in the same district. 20. That the special conditions do not result from the actions of the Applicant. RESOLUTION #00 -12 -318 Page 2 of 3