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-9- <br /> 1 discussed perceiving there would be a mosquito problem and it might present a <br /> 2 hazard for children in the area. <br /> 3 <br /> 4 When Commissioner Hansen asked whether the wiring would be over or underground <br /> 5 for these lots, Mr. Johnson told him the lines are already in on Edward and the <br /> 6 homeowners would have the option of having service run underground to, their <br /> 7 property at a higher charge. The Manager said it had been NSP's decision to go <br /> 8 underground for the Hertog homes. <br /> 9 <br /> 10 The hearing was closed at 9:15 P.M. <br /> 11 <br /> 12 It was affirmed that the potential buyers of the 3 lots which .are encroached by <br /> 13 the retaining hall would be notified of that fact. <br /> 14 <br /> 15 Motion by Commissioner Bjorkilund and seconded by Commissioner Wagner to recommend <br /> 16 Council approval of the preliminary platting for Johnson Manor, a nine lot and <br /> 17 two outlots subdivision between 33rd and 34th Avenues N.E.. , east of Edward Street <br /> 18 N.E. , as presented in the Certificate of Survey by Comstock and Davis, Inc. , find- <br /> 19 ing that: <br /> 20 <br /> 21 1 . The proposed project conforms to the municipal standards; <br /> 22 <br /> 23 2. Many similar lots with smaller frontages, depth, and land area, have been <br /> 24 platted and developed in the same neighborhood; <br /> 25 <br /> 26 3. The plat would to a large extent eliminate a legal , but non-conforming, use in <br /> 27 this residential area; and <br /> 28 <br /> 29 4. No -objections to the proposed platting were raised during the Commission <br /> 30 hearing, but in fact, many of the neighbors testified in favor of the proposed <br /> 31 plat and project. <br /> 32 <br /> 33 In recommending approval , the Commission notes that the proponent had advised the <br /> 34 City that a retaining wall encroaches the property line for Lots 1 and 2 and <br /> 35 acknowledges that the platting would result in three of the proposed lots being <br /> 36 smaller than the required 9,000 square feet. <br /> 37 <br /> 38 Motion carried unanimously. <br /> 39 <br /> 40 At 9:25 P.M. , the Chair opened the public hearing to consider the request from <br /> 41 Ernest Berquist, 4745 Larson Road, Shoreview, MN for a conditional use permit to <br /> 42 sell video tapes of classic movies at the Little Professor Book Center, 72 Apache <br /> 43 Plaza Shopping Center. She read the notice of the hearing which had gone out to <br /> 44 all property owners of record within 350 feet of the subject property and had <br /> 45 been published in the Bulletin, February 5th. No one reported failure to receive <br /> 46 the notice of the hearing or objected to its content and there was no one present <br /> 47 to provide input to the Commission consideration. <br /> 48 <br /> 49 Mr. Childs had reported on the request in his February 19th memorandum and rec- <br /> 50 ommended approval with the same conditions attached to the previous video tape <br /> 51 conditional use permits for Video Update, 99 Video in the Apache Shopping Center <br /> • 52 and Video Center in the same shopping center. <br /> 53 <br /> 54 Commissioner .Bjorklund commented that even without the proponent to testify, this <br /> 55 request appeared to present no special problems which would warrant delay of action <br /> 56 by the City. <br />