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Res 1996 - 21 Approving a Conditional Use Permit & Variances to Allow the Construction of a Superamerica Motor Fuel Station & Convenience Store at the SE Quadrant of Hwy 55 & Mendota Heights Road (Planning Case No. 96-01)CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96- 21 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIAIVCES TO ALLOW THE CONSTRUCTION OF A SUPERAMERICA MOTOR FUEL STATION AND CONVENIENCE STORE AT THE SOUTHEAST QUADRANT OF TRUNK HIGHWAY 55 AND MENDOTA HEIGHTS ROAD (PLANNING CASE NO. 96-01) WHEREAS, SuperAmerica Group, Inc. (SA), has made application for a Conditional Use Permit allowing a motor fuel station and the following variances: 1. Building setback to a major thoroughfare (Zoning Ordinance No. 401 Section 17.45(5)) from 100 feet required to 60 feet. 2. Variance to the following free standing sign requirements: a. Setback from 60 feet to 20 feet b. Ground clearance from 14 feet to 8 feet 9 inches c. Sign area from 100 square feet to 143 square feet 3. Variance to front yard setback for the trash container from 60 feet to 45 feet. and, WHEREAS, the Mendota Heights Planning Commission conducted public hearings on January 23, 1996 and February 27, 1996 to consider SuperAmerica's application; and WHEREAS, the Mendota Heights Planning Commission was unable to come to an agreement on a recommendation to the City Council on this application, however were in general agreement that it was a satisfactory development for the location; and WHEREAS, the City Council considered said application for the Conditional Use Permit for a motor fuel station/convenience store and variances at their March 7 and 19, 1996 meetings; and WHEREAS, the City Council granted conceptual approval of said application subject to: 1. Final review of site lighting 2. Grading and landscaping 3. Free standing sign design 4. Reducing the free standing sign size to 100 square feet thus removing the requirement for a sign size variance. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that the proposed Conditional Use Permit for a motor fuel station/convenience store and variances will have no adverse effect on health, safety, general welfare of the citizens of the community and surrounding land. BE IT FURTHER RESOLVED that the City Council finds that the property is unique in its shape and location being adjacent to three roadways and having extraordinary setbacks from all roadway due to it being a motor fuel station. BE IT FURTHER RESOLVED that a Conditional Use Permit for the SuperAmerica motor fuel station/convenience store be granted and the following variances: 1. A 40 foot building setback variance to the 100 foot setback from a major thoroughfare (Trunk Highway 55). 2. A 40 foot sign setback variance allowing the free standing sign to be constructed withing twenty feet of Trunk Highway 55. 3. A 15 foot street setback variance allowing the trash container to be setback 45 feet from Northland Drive. As proposed on the plans in Case No. 96-01 with the following conditions: 1. That a 24 hour operation is approved based on the applicant agreeing to reduce the hours of operation if the City finds that there are any problems with a 24 hour operation. 2. Final review of lighting plans, grading and landscaping plans by staff. 3. That the free standing sign area conform to City Ordinances for size and be no larger than 100 square feet. 4. That the free standing sign be redesigned to be a less massive monument type sign and be approved by the City Council at a future meeting. 5. That mutual signing of a Developer's Agreement formalizing all understandings reached between the applicant and the City during the application process. Adopted by the City Council of the City of Mendota Heights thisrti�� day of April, 1996. ' CITY COUNCIL CITY OF MENDOTA HEIGHTS BY ,�l�.s �. liL��`.�E- Charles E. Mertensotto ATTEST: Mayor �././��,.J �� c✓L/�/,r.�E..c�cn�. _ Kathleen M. Swanson City Clerk