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• <br />• <br />• <br />J• <br />That granting the variance requested will not confer on the applicant any <br />special privilege that would be denied by this ordinance to other lands, <br />structures, or buildings in the same district. <br />Other land in the same district is required to meet minimum lot sizes of 10, 800 <br />square feet. In this instance the lots being created are nearly three times that size. <br />A minor deviation of less than six percent will not give the applicant any special <br />privilege. <br />That the proposed actions will be in keeping with the spirit and intent of the <br />ordinance. <br />The lots proposed will exceed the lot area requirements nearly three times over, <br />therefore the spirit and intent of the ordinance will not be violated by a minor <br />deviation in the upland lot area of less than six percent. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Lino Lakes hereby approves <br />the Preliminary Plat and Variance for Fran's Estate to which the following conditions of <br />approval apply: <br />1. Existing onsite septic systems will be appropriately abandoned. <br />2. Existing wells shall be capped when required by Minnesota Dept. of Health requirements. <br />3. Issues discussed in the City Engineer review memo must be addressed to his satisfaction. <br />4. A development agreement between the city and the developer must be executed prior to the <br />issuance of any building permits for the site. <br />5. Park dedication must be paid in accordance with the city's fee schedule. <br />6. A permit from the Rice Creek Watershed District must be issued prior to final plat approval <br />by the City. <br />7. Infiltration areas proposed on site should have the City native seed specification used. <br />8. A boulevard tree shall be provided for each lot frontage. <br />9. A 10 foot drainage and utility easement must be provided to buffer all delineated wetlands. <br />10. A landscaping plan clearly depicting conformance with the buffer yard standards in Section <br />3.Q.5 must be submitted. <br />11. A joint access easement agreement and maintenance agreements must be submitted with the <br />final plat. <br />12. The applicant must fill 400 square feet of wetland area, in accordance with the Rice Creek <br />Watershed District's standards, to maximize the upland lot area for the site. <br />13. This review is based on the following plans and information: <br />