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-2- <br /> He read the motion-:, .which -had passed the Commission by a vote of 5 to . <br /> 2 , recommending that -the Council grant the total area- variance to the <br /> City Zoning Ordinance ._which will make the proposed development of the <br /> St. Anthony Court by Sid Johnson- possible . Mr. , Berg presented the <br /> site plans for - the project and pointed out the utility easement he <br /> believes should be. -deleted so the City. would not be held liable for <br /> future utility problems . He did not , however, recommend removing the <br /> drainage easement. . The Administrative Assistant said he has written <br /> and oral assurances from Ramsey ,County that they have no plans for <br /> widening Silver .Lake Road and therefore would not be utilizing the ten <br /> foot easement dedicated to them by Gordon Hedlund for that purpose. <br /> Mayor. Sundland agreed with his assessment that the .easement would <br /> probably cause no problems for the townhome project being constructed <br /> as proposed since, although the County has easements along Silver Lake <br /> Road in front of the Morris and Cadwallder properties to the south of <br /> this site , they will have to institute condemnation proceedings to <br /> attain .similar easements from the properties north to Silver Lane. <br /> When Councilman Marks asked why the County doesn 't want to give the <br /> easement back, Mr. Berg told him the County' s position is that their <br /> retaining the easement may prove to be a benefit for the City if they <br /> later decide to install sidewalks along Silver Lake Road. He also <br /> pointed out that the boulevard will be maintained by the developer or <br /> the townhouse owners association. <br /> Mr. Soth told Councilman Marks that in order to meet the conditions <br /> set for granting a variance to the City Zoning Ordinance , the hardship <br /> would have to be unique to this parcel and a hardship could possibly , <br /> be established for the developer since he drew up all his plans , which <br /> were approved by the City , without -.being aware of the existence of <br /> the easement, and now will probably suffer an economic loss if the <br /> plans have to be adjusted for the easement. Councilman Ranallo said, <br /> when he recalls the unsatisfactory proposals made for this property <br /> in the past , he sees the townhome development as an excellent use of <br /> this site and is concerned financing might not be available for fewer <br /> units . He believes it would be a - shame if this project failed because <br /> of a ten foot easement which, in all probability , will never be used <br /> by the County. <br /> Motion by Councilman Ranallo and seconded by Councilman Letourneau <br /> to grant a 5,944 square .foot variance for the entire area for the <br /> continuation of the St. Anthony Court project , as proposed, on Lot 12 , <br /> Block 1, Penrod Addition (whose- .street address will be between 3909- <br /> 4017 Silver Lake Road) .to bring this construction into conformance <br /> with all City Zoning Ordinance requirements , subject to removal of <br /> the existing City utility easement. The Council finds , as did the <br /> Planning Commission,. that this construction was approved through a <br /> variance building -permit, granted in consideration of possible vaca- <br /> tion and/or acquisition of the ten foot easement held by Ramsey County <br /> along Silver Lake Road, and .that not granting -the variance may cause <br /> financial hardship for the builder in the form of the costs of re- <br /> platting, redesigning and recalculating his construction plans . <br /> • Motion carried unanimously. <br />