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22. <br /> <br />23. <br /> <br />24. <br /> <br />25. <br /> <br />26. <br /> <br />27. <br /> <br />That the Subject Property cannot be put to a reasonable use under the 30% impervious <br />surface area restriction considering its present commercial zoning and valuation. <br /> <br />That if a variance to the 30% impervious surface area is granted, there is compliance with <br />the intent of the Wild and Scenic River Act and the Critical Area Designation Executive <br />Order in light of the drainage retention proposal of the Applicant. <br /> <br />That the proposed use is an extension of an existing use on the adjoining property, and this <br />type of facility makes the best transition between the heavy traffic commercial area and the <br />adjacent residential/park area. <br /> <br />That the Business zoning was originally approved in the Critical River Overlay District, and <br />the proposed use is a lower pollution, noise, and traffic generator and will have less impact <br />on the Critical River Overlay District than the more intensive and high impact businesses <br />generally permitted under the B-3 Highway Business Disndct zoning regulations. <br /> <br />That City and County parks adjoin the Subject Property, and there are 300 acres designated <br />as County park within the Critical River Overlay District within the City limits that will not <br />contribute any discharge into the Critical River Corridor and the commercial properties <br />within the corridor should receive credit for that substantial non-discharge area. <br /> <br />That the Applicant has stated that the Subject Property has been tax delinquent since 1987 <br />and is now fee simple to the State of Minnesota, and in view of the length of time, the <br />property cannot be put to a reasonable use if this variance is not granted. <br /> <br />The motion for the adoption of the foregoing resolution was duly seconded by Board Member <br />LaDue and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />Chairperson Ben Deemer <br />Board;Member Paul Holland <br />Board Member Charles LaDue <br />Board Member Terry Hendriksen <br />Board Member Michael Terry <br />Board Member Bradley Thorud <br /> <br />and the following voted against the same: <br /> <br />Non <br /> <br />and the following abstained: <br /> <br />None <br /> <br />and the following were absent: <br /> <br />Board Member David Bawden <br /> <br /> whereupon said resolution was declared duly adopted by.l,the R_afl~sey Board of Adjustment this the <br /> 17th day of March, 1994. <br /> <br /> A~EST: ~ ~ <br /> <br />~ty ~nisffa~C <br /> <br /> <br />