Drive-Through Queuing Data Form - City of Wayzata

CITY OF WAYZATA
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Resolution No. 35-2012 Page 4
Ordinance. The amended Section 462.357, Subd. 6., provides the following items
for evaluating variance requests:
A. Variances shall only be permitted when they are in harmony with the general
purposes and intent of the ordinance and when the variances are consistent
with the comprehensive plan.
B. Variances may be granted when the applicant for the variance establishes
that there are practical difficulties in complying with the zoning ordinance.
C. “Practical difficulties”, as used in connection with the granting of a variance,
means that the property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance.
D. The plight of the landowner is due to circumstances unique to the property
and not created by the landowner.
E. The variance, if granted, will not alter the essential character of the locality.
F. Economic considerations alone do not constitute practical difficulties.
G. Practical difficulties include, but are not limited to, inadequate access to direct
sunlight for solar energy.
H. The board or governing body as the case may be may impose conditions in
granting the variance. A condition must be directly related to and must bear a
rough proportionality to the impact created by the variance.
Section 3. FINDINGS
The City Council of the City of Wayzata hereby confirms and memorializes that
the Project Design, Drive-Thru CUP, and Variance depicted in the Application
meets the applicable requirements of Wayzata’s Design Standards and Zoning
Ordinance, based upon the following findings of fact made on the record (as well
as all Application materials, staff reports, public comment presented at the
hearing, and the Recommendation of the Planning Commission):
3.1 Project Design Review:
A. The Project Design as proposed in the Application meets the criteria of the
applicable Design Standards as described in Attachment A, with the
exception of the Design Deviation request for percentage of façade
transparency and percentage of accent material.
B. The design deviations to allow less than the required façade transparency
and more than the allowed accent material are recommended for approval
based on the findings that the Project will have a positive effect on the
area in which it is proposed due to the use of high quality materials and
the Project is the remodeling of an existing building which largely
otherwise conforms to the Design Standards.
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