CC MINUTES 01051982 - Laserfiche WebLink

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