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96-069 - 09-03 CUP 9315 Medicine Lake Road, McDonalds Corporation. Resolution 96-69 September 3, 1996 Member introduced the following resolution and moved its adoption: RESOLUTION City of Golden Valley (Findings and Determinations Concerning a Conditional Use Permit Request for 9315 Medicine Lake Road, McDonald's Corporation, Applicant) WHEREAS, at a regular meeting of the City Council on September 3, 1996, the City Council considered a request for a Conditional Use Permit to allow a Class II Restaurant (fast food) in the Commercial Zoning District to be constructed on a site at 9315 Medicine Lake Road; and WHEREAS, at the meeting of the City Council, the Council verbally expressed it rationale for denying the Conditional Use Permit and memorializes' its rationale in this resolution. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden Valley that its rationale for denying the Conditional Use Permit to operate a Class II Restaurant at 9315 Medicine Lake Road is as follows: . 1. Three variances from the Zoning Code were needed for the construction of the proposed restaurant as shown on the site plan, submitted with the Conditional Use (CUP) Permit application. The Board of Zoning Appeals (BZA) denied the three variances requested. The denial of the variances were appealed by McDonald's to the City Council. The City Council chose to maintain the decision of the BZA. Without the variances, the CUP may not be approved as submitted. 2. The southerly driveway, into the site, will create hazardous traffic conditions due to the amount of vehicular and pedestrian traffic in the area, locution of the driveway on a curve, and location of the driveway near other commercial and residential driveways. 3. The landscaped setback areas are inadequate because they are proposed to be about half (17 feet less than the required 35 feet) of what is normally required on Hillsboro Avenue. These "green areas" are especially valua le at busy, commercial areas. 4. The proposed site plan could be better designed to minimize or eliminate the need for variances from the Zoning Code. r: • Resolution 96-69 ATTEST: Shirley J. Nelson, City Clerk September 3, 1996 Mary E. Anderson, Mayor The motion for the adoption of the foregoing resolution was seconded by Member and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: ; whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. • 0