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REQUEST FOR COUNCIL CONSIDERATION Agenda Section: 2. 111706 STAFF REPORT Report Number: 93-5h9WS AGENDA SESSION DATE August 2. 1993 Report Date: 7-29-93 DISPOSITION Item Description: Discussion of Variance Request, Si Simon, 2840 Highway 10 Administrator's Review/Recommendation: - No comments to supplement this report - Comments attached. Explanation/Summary (attach supplement sheets as necessary.) SUMMARY; At the January 6, 1993, Planning Commission meeting, the Planning Commission denied the request for variance of Simon T. Simon for a reduction in the required number of off-street parking spaces on his property at 2840 Highway 10. Mr. Simon appealed this decision to the City Council as allowed per City Code. The Mounds View City Council, in their review of the request, asked the applicant if any effort had been made to acquire additional space on his property via an easement from the Minnesota Department of Transportation (MnDOT) . The applicant stated that he was in the process of negotiating an easement. At that point, the Council tabled the item pending the outcome of the negotiations for easement. Mr. Simon has now acquired an easement from MnDOT. Because the Council felt that the additional area now available to the applicant changes the original request somewhat, this item was referred back to the Planning Commission for review. The Planning Commission, after review of the easement and alterative site plan, has reiterated their position on the granting of the variance. Specifically, Planning Commission Resolution No. 362-92 (adopted at the June 16, 1993 meeting) notes that the available parking on-site would still be far less than that required by the Municipal Code and, the easement obtained by the applicant from MnDOT is cancelable by either party with 60 days written notice. The Planning Commission was very uncomfortable with this provision of the easement agreement. So once again the applicant has appealed the decision of the Planning Commission to the Council level. I have included a drawing provided by the applicant for your review. Additionally, I have put together a drawing on AutoCAD which further illustrates the easement area. All items originally received as part of this application or referenced in this memorandum are included f r review. RECOMMENDATION: - J Patio Harrington,7ty Planner Staff is seeking Council direction in regard to this item.