06/12/1995 Council Packet - Laserfiche WebLink

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COUNCIL MEETING MAY 22, 1995 conditions, literal enforcement of the provisions of the Ordinance will result in unnecessary hardship...". Staff has determined that granting this variance is not contrary to the public interest and could be considered to create a hardship for the property owner. The proposed addition will meet all setback requirements of the R-1 zoning district and will also meet the City's Shoreland Ordinance. The Planning and Zoning Board and staff have reviewed the request and recommends approval with the condition that the Greene's sign a form to be registered with the property deed holding the City harmless of damages due to flooding. Ms. Wyland explained that she had checked with the City Attorney to be sure that requiring the hold harmless requirement was a reasonable request. Council Member Kuether asked if approving the variance would cause any hardship to Mr. Greene's neighbors. Ms. Wyland said no, some of the neighbors are at a lower elevation and may ask for a variance if they want to add to their property. Council Member Kuether asked if something happens to the neighbors because of the new construction on the Greene property, could the neighbors sue the City for damages. Mr. Powell said yes the City could be sued but he felt that there would not be a significant impact on the neighbors. Council Member Bergeson asked if it is known how high the flood water was during the last flood. Mr. Powell did not know. Mr. Greene said that the water reached an elevation of 884 feet. Council Member Elliott moved to approve the request for a variance as -requested. Council Member Bergeson seconded the motion. Motion carried unanimously. CONSIDERATION OF THE FIRST READING OF ORDINANCE NO. 10 - 95 AUTHORIZING SALE OF CITY OF LINO LAKES LAND IN THE APOLLO BUSINESS PARK TO MAG -CON, INC., BRIAN WESSEL Mr. Wessel used the overhead projector and showed the location of the property in the Apollo Business Park. He explained that Mag - Con, Inc. is purchasing the property for use as a manufacturing facility. Mag -Con, Inc. is a small business currently located in Roseville and committed to moving to Lino Lakes. They manufacture small transformers. According to Chapter XII, Section 12.05 of the Lino Lakes City Charter, an ordinance is required to authorize the sale of real property owned by the City. PAGE 21