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City Council Regular Meeting Minutes • November 22, 1994 Page 4 1 Harry Schroeder stated that the Schroeders needed to make a decision and start 2 construction by Spring of 1995. They cannot wait without some type of guarantee. He 3 stated that they would not be satisfied unless they had a closed purchase agreement on a 4 specific piece of property within 30 days. 5 Mayor Ranallo asked Mr. Botnick if there was a possibility that the Reed property would 6 be available within the next 30-60 days. 7 Botnick reported that Mr. Reed was unsure if he wanted to sell. He was looking for a 8 place to relocate that would suit his needs. 9 Ranallo expressed that he would like to see the Schroeders reconstruct their house and 10 remain in St. Anthony. 11 Fleming asked if it was possible that there could be an agreement reached within 30 days. 12 She stated that the variance process had been created to benefit the City of St. Anthony 13 not to stop something that will improve the city. She feels the Schroeders are going to 14 improve the city with their project. 1W City Attorney Soth stated that one problem with the granting of this variance is it would 16 set a precedence. The variance does not leave the city flexibility in these cases. The 1.7 variance would have to be in accordance with the criteria set up by State Statutes. It 18 would need to be shown that the property cannot be put to reasonable use by this owner 19 or any owner, without the variance being granted. The criteria must relate to the property 20 and not to the owner. 21 Diane Schroeder stated that they have been negotiating with Mr. Botnick for 3 years. She 22 reported that they have been waiting for a long time and nothing has happened. A 974 23 square foot house could not be made accessible for her being confined to a wheelchair as 24 it would have to be more than one level. She feels this is discriminatory, as the lot cannot 25 be put to reasonable use without the granting of the variance. 26 Mr. Kirk Larson, 3509 Maplewood Drive, spoke on behalf of the Schroeders. He was in 27 attendance at the.Planning Commission last week when the variance was recommended 28 for denial and the Schroeders were told their only choice was to go before the Council. 29 He feels that granting the variance would make sense for the community and for the 30 people involved. The only precedence that would be set, is to grant a lot ordinance 31 variance for a lot that is less than normal size. He feels that this would be a reasonable 32 precedence to set. He stated that it would send a message to the people, that the City of 33 St. Anthony is flexible and concerned about the people who live there. He feels the right thing to do is grant the variance for the Schroeders.