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COUNCIL MINUTES JUNE 9, 2003 APPROVED 192 further, but for now the Council is being asked if they approve the variance, separate from the need to • 193 accommodate the septic system. 194 195 Councilmember Reinert moved to adopt Resolution No. 03-61 approving a variance from the required 196 40 -foot setback from 62nd Street for a garage expansion and home addition at 6206 Red Maple Lane, 197 to include comments by City Attorney in reference to future action or compensation, and clarifying 198 the approval is only of the variance for the addition, and the septic system will need to be dealt with 199 before moving forward with building permits, and also including the following conditions as 200 recommended by staff: 201 1. The applicants, their successors and assigns are hereby notified that should the City of Lino 202 Lakes expand 62nd Avenue by ten feet or less, the City will not pay compensation to the 203 property owners for severance damages due to their encroachment in the setback area. 204 2. Issuance of a building permit shall be subject to review and approval of an Individual Sewage 205 Treatment System in conformance with City Code and Minnesota Rules Chapter 7080. 206 3. Granting of the building setback variance shall not be used as `hardship' for deviating from 207 required sewage treatment setbacks. 208 209 Councilmember Dahl seconded the motion. 210 211 Motion carried unanimously. 212 213 Resolution No. 03-61 can be found in the City Clerk's office. 214 215 C. Consideration of Resolution No. 03-85, Approving Final Plat of Stoneybrook, Michael •216 Grochala 217 218 Community Development Director Grochala summarized the staff report, noting originally the 219 applicant was allowed a maximum of 52 houses in 2002, with the remaining number in 2003. He 220 advised the applicant held off in 2002, coming in for the entire final plat now. He indicated there 221 were several development agreements, and this required a conservation agreement and future roadway 222 easements, all of which the City Attorney has reviewed. He indicated staff recommends approval. 223 224 225 Councilmember O'Donnell moved to adopt Resolution No. 03-85 approving final plat for 226 Stoneybrook. Councilmember Carlson seconded the motion. 227 228 Motion carried unanimously. 229 230 Resolution No. 03-85 can be found in the City Clerk's office. 231 232 D. Consideration of Resolution No. 03-80 Approving Site Performance Agreement, Russian 233 Baptist Church, Michael Grochala 234 235 Community Development Director Grochala summarized the staff report, indicating staff 236 recommends approval of the site performance agreement. 237 • 5