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COUNCIL MINUTES MAY 27, 2003 <br />APPROVED <br />432 would be okay. City Engineer Studenski clarified they were probably working with a building <br />.433 inspector. <br />434 <br />435 Councilmember Dahl stated she agrees the land next to them would be unbuildable, as it is almost a <br />436 pond back there. She noted the applicant would not be here if the designation on 62' Street had not <br />437 been changed to a collector road, which it was not when she purchased the property. She agrees with <br />438 Councilmember O'Donnell's suggestion of attaching a condition so it does not come back to haunt <br />439 them or future Councils. <br />440 <br />441 Community Development Director Grochala noted all variances are filed in Anoka County. He <br />442 would recommend the City Attorney draft language for the variance. City Attorney Hawkins <br />443 indicated the Council should direct staff to prepare a Resolution to this effect, which he will review. <br />444 <br />445 Councilmember Dahl indicated with those conditions she would vote to approve. Mayor Bergeson <br />446 asked if 62" Street was completed to the maximum for a collector street, would the City be looking <br />447 for additional right-of-way from owners and would the owners be compensated. Community <br />448 Development Director Grochala stated in areas where they do need additional right-of-way, they <br />449 would be looking at acquiring it. He indicated the right-of-way is 66 feet here, and they may want it <br />450 wider if they are doing a minor collector street to provide a noise buffer. He agreed three and one - <br />451 half feet is a small amount, but reiterated the larger variance is required to provide the necessary <br />452 buffers. <br />453 <br />454 Mayor Bergeson stated if they were to approve the variance, he would not want to create a situation <br />455 where a future City Council would have to purchase additional right-of-way. <br />�56 <br />457 Councilmember O'Donnell agreed, indicating that was what he was thinking when he suggested <br />458 adding language to the variance. Ms. Keller noted the Planning and Zoning Board also thought <br />459 before they would improve 62' Street they would improve County Road J. Mayor Bergeson stated <br />460 that may be the case but they cannot base their decision on that assumption. <br />461 <br />462 Councilmember Carlson stated Community Development Director Grochala had mentioned 66 feet. <br />463 If they would be looking at 33 feet on either side, this structure would not be within the right-of-way. <br />464 Community Development Director Grochala stated the 33 feet is right-of-way, but the 40 foot setback <br />465 requirement starts at the edge of the right-of-way. Councilmember Carlson stated that even if the <br />466 street was improved, it may not go all the way down to Ms. Keller's home. <br />467 <br />468 City Engineer Studenski indicated the road is just one issue; there is also grading, drainage and other <br />469 considerations. Councilmember Carlson agreed, but she stated what they are discussing right now is <br />470 that the road is the issue, yet they had two situations tonight where they vacated the right-of-way for <br />471 roads that had been planned and are not going to happen. <br />472 <br />473 Ms. Keller noted there is also a grove of trees in the way of where 62' Street is proposed. If the <br />474 street were to be improved she would recommend veering the road to save as many trees as possible. <br />475 <br />476 Councilmember O'Donnell moved to table the variance request, and direct staff to draft conditions to <br />477 the variance to alleviate future concerns with 62nd Street construction. Councilmember Reinert <br />478 seconded the motion. <br />�79 <br />10 <br />