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LAKE ELMO CITY COUNCIL MEETING, MAY 19, 1981 -2- PZC RECOMMENDATIONS: A. Richert Simple Lot Division - Administrator Whittaker reviewed the Planning Commission recommendation to approve the request. The Council reviewed the application and location map. Mayor Eder declared Lydia Richert is his aunt, therefore, he will abstain from any vote. r Morgan moved, seconded by Fraser, to Adopt R-81-36, a Resolution approving the simple lot division for Mrs. Lydia Richert. NZ of NE4, Section 16. Motion carried 3-0-1. Eder abstained. B. James Friend - Vacation of Slo e Easement and Variance - The Administrator reviewe t e Planning Commission action recom- mending approval of the slope easement, per the Engineers review and recommendation. A variance is necessary to permit the garage to be 5 ft closer to 45th Street than the 25 ft. required for a corner lot. Mr. Friend stated he would have to remove several large mature oak trees in order to locate the garage on the north side of his home, which he felt imposed a hardship. He also said he would incur a substantial financial hardship in removing and relocating his present driveway by building the garage on the north side. The City Engineer recommended recommended the N 13 ft of the slope easement be vacated; but suggested that the curve along 45th St., adjacent to the Friend's south property line, be staked and surveyed to verify that the roadway right-of-way is not encroached on. Morgan moved, seconded by Fraser, to authorize the Mayor and City Administrator to sign a quit claim deed vacating the N 13 ft of the slope easement along 45th Street, Dawcin Acres, for James Friend, 9498 Jane Road N., and approve a variance to construct a garage 20 ft. from the south property line. The Council determined that a hardship to the land would be imposed by locating the garage on the north side of the home, which would require removing several mature oak trees. Morgan and Fraser.agreed to amend the motion to include requiring a survey of the south property line before a building permit for the garage is issued. Motion carried 4-0. C. Kanowitz Simple Lot Divisio Administrator reviewed the Plan approve the simple lot division and Easement Vacation - The ng Commission recommendation to nd easement vacation. Engineer Bohrer reviewed the site, the storm sewer plan, and con- tacted the three utility companies involved. He stated that there are no utilities in the easement, nor are any planned. He recom- mended approving the easement vacation stating he saw no need for easement on both sides of the property. ,Morgan moved, seconded by Eder, to adopt Resolution 81-37, a Resolution approving the simple lot division for Lot 6, Block 2, Demontreville Highlands 4th Addition, and vacating the utility and drainage easements for Lot 5, Block 2, Demontreville Highlands 4th Addition. Motion carried 4-0.