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RESOLUTION 2015-11 <br />APPROVING A VARIANCE FROM THE PARKING LOT SETBACK <br />REQUIREMENTS FOR O'REILLY AUTO ENTERPRISES, LLC, ON THE PROPERTY <br />LOCATED AT 14777 FOREST BOULEVARD NORTH <br />WHEREAS, O'Reilly Auto Enterprises, LLC, has requested approval of a variance to allow a <br />portion of a parking lot to be 5.5 feet from the east property line along, where 10 feet is required <br />by ordinance for the property legally described as follows: <br />SEE ATTACHED <br />WHEREAS, the Planning Commission has reviewed said request at a duly called public hearing <br />and recommends approval and; <br />NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY <br />OF HUGO, MINNESOTA, that it should and hereby does approve the request by O'Reilly Auto <br />Enterprises, LLC, for a variance to allow a portion of a parking lot to be 5.5 feet from the east <br />property line along, where 10 feet is required by ordinance based on the following findings: <br />1. The proposed variance is permissible by law. <br />2. Parking and loading areas are allowed as an accessory use in the Central Business (C-1) <br />zoning district. Due to the location of the building and parking lot, in order to provide for <br />circulation within the parking lot a small corner of the back of the curb will encroach into the <br />required setback. The property owner is proposing to use the property in a reasonable <br />manner. <br />3. The downtown design guidelines state that parking lots should not be located between the <br />building and the street. Due to parking lot dimension requirements and the required amount <br />of parking stalls, in order to allow circulation within the parking lot in this location, a <br />variance is requested. The applicant needs all the parking spaces proposed and traffic <br />circulation is important for the site. <br />4. There are other parking lots in the neighborhood that do not meet the setback requirement. <br />The variance would not noticeably alter the character of the area. <br />5. The applicant has practical difficulties in meeting the ordinance regulations. <br />6. The spirit and intent of the ordinance is to provide a buffer and green space between the <br />commercial use parking lot and a residential use. The applicant is proposing landscaping in <br />this area and a fence to provide a buffer between the uses. The variance meets the spirit and <br />intent of the ordinance. <br />