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COUNCIL MINUTES MAY 8, 2000 <br />The City has received a letter from the Minnesota Correctional Facility Physical Plant Director <br />indicating no objections to the roadway vacation provided the drainage/utility easement is maintained. <br />The Correctional Facilities utilities are currently within the 74`s Street right-of-way. <br />Staff recommended approval of the first reading of Ordinance No. 08 — 00 as stipulated in the City <br />Charter. <br />Mayor Bergeson opened the public hearing at 7:07 p.m. <br />Council Member Carlson stated staff has answered her questions regarding access for emergency <br />vehicles. She advised there is a possibility of a cul-de-sac to the west if necessary. <br />Council Member O'Donnell requested clarification regarding the difference of an easement and right- <br />of-way. <br />The City Attorney advised this action is vacating the street portion and retaining the utility portion of <br />the easement. <br />Council Member O'Donnell moved to close the public hearin <br />seconded the motion. Motion carried unanimously. <br />Council Member O'Donnell moved to approve <br />presented. Council Member Reinert seconded th <br />Council Member Carlson voted yea. <br />uncil Member Carlson <br />of Ordinance No. 08 — 00, as <br />er ahl voted yea. Council Member O'Donnell <br />voted yea. Council Member Rein yor Bergeson voted yea. <br />Motion carried unanimousl <br />Ordinance No. 08 — 0 d in the City Clerk's office. <br />Variance for 6280 Wa Road, David Pearson (3/5 Vote Required), Mary Kay Wyland — Staff <br />advised Mr. David Pearson is requesting a variance to allow a single family home at 6280 Ware Road <br />to be located closer than the required 40' from the property line on a collector roadway. The <br />Ordinance requires a minimum setback of 40'. The applicant has redesigned the proposed dwelling to <br />minimize the setback required which will be 28.99' at the north/west corner and 36.59' at the <br />south/west corner. The variance requested ranges from 11.01' to 3.41' on the Ware Road side of the <br />property as indicated on the survey dated 4/30/00. The 11.1' variance applies to the north/west corner <br />of the 6' x 12' bedroom area extension as shown on the plan and is then reduced to a 3.41' variance at <br />the south/west corner of the attached garage. The garage entrance will be from Coyote Trail. <br />This request has been modified from the Planning and Zoning Board meeting by moving the dwelling <br />1' closer to Ware Road to allow construction of a retaining wall on the easterly side of the home <br />adjacent to some steep grades. A revised survey was prepared and reviewed by the City Engineer <br />who indicated that the proposed retaining wall was unacceptable. City Ordinance allows a maximum <br />6 <br />