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COUNCIL MINUTESAugust 26, 2013 DRAFT 135 City Planner Larsenexplained that the applicant/property owner would like to construct an accessory 136 building (an overhead view of the property was shown). The proposed improvement requires a 137 variance to allow for a driveway. The criteria for a variance has been met and laidout in findings of 138 fact and the Planning and Zoning Board is recommending approval. She indicated that the property 139 owner was present to answer questions. 140 141 Regarding Ordinance No. 09-13,vacation of a drainage and utility easement would be necessary for 142 this improvement project. The easement in question has been reviewed by staff (including the city 143 engineer) and is not needed any longer. 144 145 Mayor Reinert indicated that the council had discussed this matter at the pre-council work session and 146 although variances are not common, he can support the action in this unique circumstance. He said 147 he wonders, however, why the accessory building would be built nearest the neighbors. The 148 applicant indicated that it is the highest part of the land and it also allows for the leastloss of trees. 149 The structure will be well hidden from the neighbors. He has spoken with all of the neighbors about 150 his plans. 151 152 Council Member Roeser moved to approve Resolution No. 13-89 as presented. Council Member 153 O’Donnell seconded the motion. Motion carried on a unanimous voice vote. 154 155 Mayor Reinert opened the public hearing to receive comments on the ordinance. There being no one 156 present wishing tospeak, the public hearing was closed. 157 158 st Council Member O’Donnell moved to approve the 1Reading of Ordinance No. 09-13 as presented. 159 Council Member Roeser seconded the motion. Motion carried on a unanimous voice vote. 160 161 6B) Residential Planning Unit Development Concept Plan Review for Emmerich Development 162 Corporation -This item was postponedfor furtherreview at the September 3, 2013work session. 163 164 st 6C) 21Avenue Improvement Project 165 i. Resolution No. 13-90, Approving Petition and Waiver Agreementwith ALino, LLC; 166 ii. Resolution No. 13-91, Approving Joint Powers Agreement with City of Centerville 167 168 Community Development Director Grochala explained that apetition and waiver agreement has been 169 received from the property owner agreeing to assessmentand right-of-way dedication for the project. 170 A Metro Transit Park and Ride facility is planned for one of the parcels owned by this property 171 owner. 172 173 Mr. Grochala also explained that since this road improvement will occur on a roadway shared by the 174 Cityand the City of Centerville, staff is presenting a joint powers agreement that would lay out the 175 project responsibilities between the two cities. 176 177 Council Member Roeser moved to approve Resolution No. 13-90 as presented. Council Member 178 Rafferty seconded the motion. Motion carried on a unanimous voice vote. 179 4