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City Council Regular Meeting Minutes November 22, 1994 Page 8 • 1 that should be affecting this project are the items directly related to the 2 project. 3 City Council consensus was reached to review this item, drainage plan for Apache 4 Plaza, until November 29, 1994 at the Special Council Meeting. 5 b. Apache C. G. Rein Company ) Request for Subdivision Approval for CUB 6 Foods and Knox Lumber. 7 Commissioner Franzese reported that the Planning Commission had unanimously 8 recommended that the Council approve'the lot split as presented by Dennis 9 Cavanaugh, C.G. Rein Co., into 4 sections with Payless Cashways/Knox Lumber 10 on the north end, including a portion of the current Apache Plaza Mall, the section I 1 with First Bank, the main section of what will remain of the mall, and the 12 southern section which is the SuperValu/CUB Foods, based on a title review by 13 the City Attorney, as well as any easements that may be necessary for the platting 14 process which will be taken care of with the City Council. 15 City Attorney Soth asked that two additional points be included in the motion. 16 One being that it be subject to reviewal of title easements and the plat subject to a 17 satisfactory reviewal of these items. The second being that due to the petition of • 18 the EAW, no permit for construction for any part of the project will be issued,the 19 project will not have final approval, and the project will not be commenced, until 20 the requirements of Minnesota Statues, Section I I6D.04, Subd. 2b have been met. 21 Motion by Marks, second by Enrooth to approve the lot split as presented by 22 Dennis Cavanaugh, C.G. Rein Co., into four sections with Payless Cashways/ 23 Knox Lumber on the north end and including a portion of the current Apache 24 Plaza Mall,the section with First Bank,the main section of what will remain of 25 the mall,and the southern section which is the SuperValu/CUB Foods,based on 26 a review of title easements by the City Attorney and the plat subject to a 27 satisfactory reviewal of these items and that no permit for construction for any 28 - part of the project will be issued,.the project will not have final approval,-and the 29 project will not be commenced,until the requirements of Minnesota Statutes, 30 Section 116D.04, Subd. 2b have been met. 31 Motion carried unanimously. 32 c. CUB Foods Variance Request. 33 Commissioner Franzese reported that the Planning Commission has unanimously 34 recommended that Council approve the setback variances for the CUB 35 redevelopment, specifically the 15 foot setback variance on the north end of the • 36 CUB property. The hardships were found for the following reasons: 1. With the 37 60 foot Uniform Building Code normal separation, the property cannot be put to