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Res 2005- 28 CUP Amend 1080 Hwy 110CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 05- 28 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR SUPERAMERICA FOR AN ACCESSORY STRUCTURE AT 1080 HIGHWAY 110 WHEREAS, Mr. Scott Fleming has applied for a Conditional Use Permit Amendment on behalf of Super America for an Accessory Structure at 1080 Highway 110 [27-19750-010-01 T28N, R23W, SEC 26 NW, NW, SW] as proposed in Planning Case #05-17; and WHEREAS, The Planning Commission held a public hearing on this application at their regular meeting on April 26, 2005; and WHEREAS, The Planning Commission voted to recommend that the Council approve the Conditional Use Permit Amendment for an Accessory Structure as presented to the Planning Commission on the evening of April 26, 2005 and as shown in Planning Case #05-17; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Mendota Heights that a Conditional Use Permit Amendment for an Accessory Structure for 1080 Highway 110 as proposed in Planning Case #05-17 is hereby approved. BE IT FURTHER RESOLVED that in support of the above approval, the Council hereby makes the following Findings of Fact: 1. There is an existing environmental issue on the subject property. 2. The Minnesota Pollution Control Agency has ordered a cleanup of the property. 3. The equipment necessary to conduct the appropriate cleanup requires a structure larger than the existing accessory building. 4. The proposed accessory building to be constructed to house the equipment will be built of materials to match the principal building. 5. The proposed building will not interfere with existing circulation or other improvements on the property. 6. The proposed building meets the intent of the zoning ordinance with regard to setbacks and other zoning standards. BE IT FURTHER RESOLVED that the Conditional Use Permit Amendment for an Accessory Structure for 1080 Highway 110 as proposed in Planning Case #05-17 would not have an adverse impact on the health, safety, and general welfare of the citizens of the community and the surrounding land, and would not be adverse to the general purpose and intent of the Zoning Ordinance. Adopted by the City Council of the City of Mendota Heights This 3rd day of May, 2005. ATTEST: CITY COUNCIL By Kat arizee-Ze, if/( een M. Swanson, City Clerk