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Res 1996 - 20 Approving a Conditional Use Permit & Variances to Allow the Construction of a Superamerica Motor Fuel Station & Convenience Store & Bank with a Drive-In Facility at the SE Quadrant of Hwy 110 & Lexington Ave, Planning Case Nos. 96-05 & 96-0CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 96-20 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES TO ALLOW THE CONSTRUCTION OF A SUPERAMERICA MOTOR FUEL STATION AND CONVENIENCE STORE AND BANK WITH A DRIVE-IN FACILITY AT THE SOUTHEAST O.UADRANT OF TRUNK HIGHWAY 110 AND LEXINGTON AVENUE (PLANNING CASE NOS. 96-05 AND 96-06) WHEREAS, SuperAmerica Group, Inc. (SA) and Dakota Bank have made application for a Conditional Use Permit allowing a motor fuel station and convenience store and a subdivision and the following variances: 1. A 27 foot setback for a car wash (60 foot required). 2. A 58 foot setback for a free standing monument sign (60 foot required). 3. A 13 foot parking lot setback from the north (T.H. 110) and an 8 foot � setback from the northwest (20 foot required). WHEREAS, the Mendota Heights Planning Commission conducted a public hearing on February 27, 1996 to consider SuperAmerica and Dakota Bank's application; and WHEREAS, the Mendota Heights Planning Commission on a divided vote recommended to deny the SuperAmerica Motor Fuel Station/Convenience Store proposal and recommended to approve the subdivision; 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 applications subject to the following conditions: 1. That the hours of operation be limited to 5:00 a.m. to 11:00 p.m. from Sunday to Thursday, and 5:00 a.m. to 12:00 a.m. on Friday and Saturday. 2. That the station have no more than four fueling stations with eight pumps. 3. That diesel fuel not be sold at the station. 4. That SuperAmerica and Dakota Bank enter into a Developer's Agreement with the City addressing these and all other issues of development brought up by the Council during deliberations on the proposal. 5. That banks with drive-in facilities be allowed only as Conditional Uses. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Mendota Heights that Conditional Use Permits for a motor fuel station/convenience store and variances and a bank with a drive-in facility 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 SuperAmerica Motor Fuel Station/Convenience Store property is unique in its shape and location being adjacent to roadways on all four sides and n�eding extraordinary setbacks from all roadways due to it being a motor fuel station. BE IT FURTHER RESOLVED that a Preliminary Plat and Conditional Use Permits for the bank's drive-in facility and the SuperAmerica motor fuel station/convenience store be granted and the following variances be granted for the motor fuel station: 1. A 27 foot variance for a car wash (60 foot required). 2. Two setback variances required to allow for the construction of a free standing monument or pylon sign according to its location as shown on drawing C2 dated 1/23/96 and revised 3/5/96 and 3/27/96. 3. A 7 foot variance for a parking lot setback from the north property line (T.H. 110) and an 8 foot variance for a parking lot setback from the northwest property line (20 foot required). 4. A 5 foot setback variance from the frontage road to allow the trash enclosure to be moved back 10 feet from the face of the building (60 foot required). All as proposed on the plans in Case Nos. 96-05 and 96-06 with the following conditions: 1. Because the Council finds that it is in the City's best interest to limit hours of operation when commercial operations are adjacent to residential neighborhoods, the hours of operation are limited to 5:00 a.m. to 11:00 p.m. from Sunday to Thursday, and 5:00 a.m. to 12:00 a.m. on Friday and Saturday. 2. That the station have no more than four fueling stations with eight pumps. 3. That diesel fuel not be sold at the station. 4. That there be no outside sales or storage. 5. That SuperAmerica and Dakota Bank enter into a Developer's Agreement with the City addressing these and all other issues of development brought up by the Council during deliberations on the proposal. 6. That banks with drive-in facilities be allowed only as Conditional Uses. 7. Submitting revised plans that accurately depict the project as approved. y.. . Adopted by the City Council of the City of Mendota Heights this 16th day of April, 1996. CITY COUNCIL CITY OF MENDOTA HEIGHTS By �,r�.., �. ..�' Charles E. Mertensotto Mayor ATi'EST: �.-��.. � � �_ thleen M. Swanson City Clerk