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Feb-2T-98 01:09pm From-KENNEDY & GRAVEN 6123379310 T-825 P.03/03 F-090 <br /> • February 27, 1998 <br /> Page 2 <br /> to build the Minimum Improvements it desires to construct? The basic answer is no, since ce the <br /> EDA cannot generally obligate the City to grant a va'iance. <br /> Additionally, it appears from my understanding of discussion concerning this matter that the <br /> Developer can construct a three car garage on the property without the granting of a variance by <br /> the City. Likewise, pursuant to the Agreement, if a variance is necessary, it is the Developer's <br /> obligation to obtain all necessary permits, etc. for the construction of the Minimum <br /> Improvements. If the Developer can show some type of hardship (whatever that may be), a <br /> variance may then be applied for at the request of the Developer, but the Agreement itself does <br /> not require the granting of the variance. Such variance request would be independent of the <br /> Agreement and, pursuant to City Code, the burden of sustaining such request would be that of <br /> the Developer. <br /> I hope the above adequately addresses the issues you had raised. If you should have any <br /> questions or comments regarding this matter, please cio not hesitate to contact me. <br /> Sincerely, <br /> . .e5eel_ <br />' • ,'. <br /> Scott J. Rig . <br /> SJR:s <br /> cc: Mr. Chuck Whiting <br /> Mr. Bob Long <br /> III <br /> 33R139024 <br /> NUM-5 <br />