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RESOLUTION 2022-XX APPROVING A VARIANCE FROM THE DRIVE-THROUGH BUSINESS MAIN ENTRANCE LOCATION REQUIREMENT FOR PROPERTY LOCATED AT 5616 147th STREET NORTH WHEREAS, Premier Bank has requested approval of a variance to allow the proposed drive-through business main access onto Flay Avenue North, a local street, where access to a state highway, county road, or city commercial collector street is required by City ordinance, on property legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said variance at a duly called public hearing on September 22, 2022, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated September 9, 2022 2. The proposed variance is permissible by law. 3. Traffic engineering concerns arise when the access point is located on 147 th Street North, a city commercial collector street, due to its proximity to Highway 61 and conflicts with the turn lanes. The proposed location is the best in terms of traffic engineering and minimizing the possibility of vehicle collisions. It is anticipated that the properties within the district will eventually be developed as commercial businesses and rezoned to C-1. The drive-through access point location requested is a reasonable use. 4. The property has few practical options for the location of an access point. Due to the Washington County Regional Rail Authority’s (Hardwood Creek Trail) owned right-of-way between the property and Highway 61, there is not an option for an access point onto the state highway. Traffic engineering concerns arise when the access point is located on 147th Street North, a city commercial collector street, due to its proximity to Highway 61 and conflicts with the turn l anes. Additionally, an access point located on 147th Street N would require a change of the site and building orientation such that the drive-through and speaker would be facing toward the existing residential property. The request for the variance is due to unique circumstances not created by the landowner 5. The neighborhood is zoned as Future Central Business (FCB) meaning that non - commercial uses are allowed, however it is anticipated that the properties within the district will eventually be developed as commercial businesses and rezoned to C-1. A drive-through business with its access point onto Flay Avenue North would be within the character of an eventual central business district. The other corners of Highway 61 and 147th Street are occupied by commercial uses. It is in staff’s opinion that the proposed access point location will not alter the essential character of the neighborhood. 6. There are practical difficulties in meeting the ordinance standards.