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(4) The terms and conditions set forth in the recommendations of the City Planner, Carl Dale, contained in his letters of April 21, 1982 and April 23, 1982, copies of which are attached hereto (Exhibit A) and as a part hereof. (5) The terms and conditions set forth in the recommendations of the City Engineer, Robert Schunicht,in his letter of May 4, 1982, a copy of which is attached hereto (Exhibit B) and as a part hereof. (6) The City shall be granted an easement for public drainage purposes and for such other public uses as the City may request over 0utlots A in Bernwood Additions Nos. 2 and 3. (7) The Homeowners' Association Articles of Incorporation, Declaration of Covenants and Bylaws shall be submitted to the City Council for its review and approval prior to issuance of the first building permit for construction within Bernwood Additions Nos. 2 and 3. BE IT FURTHER RESOLVED that the City Council finds that because of economic conditions affecting the housing industry and the unique, innovative plans presented by the applicant for development of the land, the conditions for granting a variance as set forth in Section 7.l of the Subdivision-and Platting Ordinance and in Section 16.4 of the Zoning Ordinance do exist, and therefore the regulations. of Section 6.4 of the Zoning Ordinance are varied to the extent necessary to permit a zero side yard setback on one side of each lot and a rear yard setback of 20 feet on each lot us platted in Bernwood Additions Nos. 2 and 3. The motion for the foregoing resolution was duly seconded by Mayor Warkentien, and upon a vote being taken the following voted in favor thereof: • Mayor Warkentien, Councilmembers Larson and Ciernia, and the following voted against the same: Councilmembers Eggert and Chestovich. WHEREUPON, said resolution was declared duly passed and adopted. 0 Willis C. A. Warkentien, Mayor Attest: Dewan B. Barnes, Clerk Administrator Regular City Council Meeting of May 26, 1982