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-5- Mr. Fornell left the meeting at 9 :40 P.M. The proposal had beengiven concept approval in February before it had been definitely determined that Ramsey County had acquired an additional right of way of ten feet for its rebuilding program for that road. Mr. Johnson had modified the size of- the buildings to accommodate this acquisition but now requires a three foot setback variance along 37th. It was also noted -by Mr.. Berg, because .a survey has not been submitted, the risk and responsibility as to the accuracy of the plans as submitted rests with• the. developer whose permit could be voided if a 'survey later shows inaccuracies in the plans. Mr. Johnson assured Mr_:- Bjorklund that "adequate drainage will be provided 'so neighboring properties will not be adversely affected and he promised- a determination will be made by soil borings as to how much fill will be necessary to make the site buildable. The Public Hearing was closed at 9 :51 P.M. Mr. Enrooth returned at 9 :52 P.M. Motion by Mr. Jones and seconded by..Mr. Peterson to recommend Council approval of a three foot side yard setback variance (from 30 foot required to 27 feet proposedl at the 37th -Avenue frontage of . • Lots 61, 62 , 63 and 65, Block 9 , Moundsview Acres Second Addition. This variance is necessitated by the ten foot right of way. recently acquired by Ramsey County for their proposed roadway. Also, the variance request is not prompted by desire to increase the value of the property since the developer has reduced the number of units to be developed from the possible permitted eight to seven. The developer agrees to provide- adequate .drainage for the property so the development will not have an. adverse effect on the adjoining property and further agrees to provide a survey- of the site which will address any existing utility easements as well as possible encroachment of a building to the west. As a condition for granting the variance, the developer further .agrees to prepare the subsoil so as to prevent settlement in the future and will submit a land- scaping plan that conforms to the R-3 zoning .requirements of the City ordinance. In addition to the variance, the Commission recommends a conditional use permit be granted to the petitioner which will permit the construction of seven unit townhouses as proposed finding that under such a permit, individual home ownership may be allowed and as such, a permit meets the guidelines established for the property in the proposed City Comprehensive Plan and for the same reasons heretofor stipulated for granting the variance petition. Motion carried unanimously. •