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, Donatelle's Variance Planning Case No. 538-98 November 4, 1998 Page 2 allowing a through access to the theater site. To compensate Donatelles for this concession, the 10 theater developer has offered to resurface, curb and gutter the parking lot, as shown on the attached plans dated 10/21/98. In three separate areas on the Donatelles site, the extent of the parking lot non-conformity will be lessened as pavement will be removed in the setback area and within the right of way itself. The existing parking lot and access fronting County Road H2 will not be altered, with the exception of removing forty feet of impervious surface from the access, reducing the overall width of the access from 180 feet to 140 feet. It is expected that the nonconforming County Road H2 access (which is too wide) will be addressed with any future reconstruction of County Road H2. Analysis: The planned improvements to the Donatelles parking lot result from a MnDOT stipulation that requires Donatelles' Highway 10 access be closed in order for the Theater site to have a second Highway 10 access on their property. Donatelles has agreed to the closure of its access on the condition that their customers be able to use the Theater's Highway 10 access to gain entrance to the Donatelles parking lot by means of a throughway between the two properties, and that the Donatelles parking lot be improved and expanded. The plans submitted by the applicant for the parking lot improvements represent a vast 1110 improvement over the current state of Donatelles parking area. The parking area, which was constructed more than thirty years ago, did not violate any City setback requirements at the time of its construction. The basis of the hardship, as applied to the Donatelles property, results from the size and shape of the lot, and the fact that it is bordered by streets on two of its three sides. The impact of enforcing the setbacks as they are written in Chapter 1104 of the Zoning Code to the Donatelles property would create a situation in which that the business could no longer effectively operate. The restaurant would potentially lose 50 of its parking stalls, leaving 25 or less stalls for its clientele. By paving the dirt area at the southeast corner of the lot, closing its Highway 10 access and installing curb and gutter, the restaurant will be able to increase its parkingavailability while significantly improving the overall appearance of the property as well. Criteria for Granting Variances: (From Chapter 1125 of the City Code.) A variance to the provisions of the Zoning Code may be issued by the Board of Adjustment and Appeals to provide relief to the landowner in those cases where the Code imposes undue hardship or practical difficulties to the property owner in the use of property owner's land. A variance may be granted only in the event that the following circumstances exist: a. Exceptional or extraordinary circumstances apply to the properties which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of the property since the effective date hereof have had no control.