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-8- <br /> • 1 units planned in' the new project would be geared to benefit the Kenzington resi- <br /> 2 dents. Mr. Gustafson concurred with the Manager' s assessment that the existing <br /> 3 parcel configuration should provide a legitimate hardship to justify the continua- <br /> 4 tion of the non-conforming status of the property. The developer indicated no <br /> 5 changes were intended to the back of the non-conforming structure and, therefore, <br /> 6 no further setback encroachment. <br /> 7 <br /> 8 The META representatives replied to Commissioner Madden's concerns about the ability <br /> 9 of the Legion Club walls to support a third story, by telling him these pre- <br /> 10' liminary plans_ had not pro_aressed to that point, but the developers certainly <br /> '11 ,wouldn't be proceeding without first getting sound construction advice. Mr. Gus- <br /> 12 'tafson told Commissioner Wagner META did not yet have a marketing plan for the <br /> 13 new project, but, since they anticipated it was going to be very expensive to <br /> 14 build, it would be necessary to get retail and office ancillary services to the <br /> 15 Kenzington which could support the project. <br /> 16 <br /> 17 The developer said he would not anticipate the proposed commercial would seriously <br /> 18 compete with the existing shopping center since the three new housing projects <br /> 19 in the area would be attracting a whole new tenant mix which would demand a <br /> 20 different type of service. Mr. Gustafson added, that he perceived anything that <br /> 2.1 could be done to upgrade the area could be nothing but a plus, which made it all <br /> 22 the more imperative that the project get underway as soon as possible to enhance <br /> 23 the sales of the Kenzington condominiums. <br /> 24 <br /> 25 There was no one present to speak in opposition to the proposal and the hearing <br /> 26 was closed at 9:38 P.M. to get a sense of the Commissioners regarding the request. <br /> • 27 <br /> 28 Commissioners Madden and Wagner indicated they had no problems with the concept <br /> 29 or variances. <br /> 30 <br /> 31 Commissioner Bjorklund stated that he would not oppose the proposal because he <br /> 32 perceived it would conform in style and usage to the Kenzington and precedents <br /> 33 had been set many times in the past for allowing the development of similar <br /> 34 triangular shaped parcels because a real hardship for their owners would result <br /> 35 if the necessary variances were not granted. <br /> 36 <br /> 37 Commissioner Hansen commented, from the perspective of a Legion Club member, that <br /> 38 "the Legion might have decided to stay if they had seen these plans" . <br /> 39 <br /> 40 Chair Franzese indicated she perceived it had been fortunate to have a developer <br /> ! <br /> 41 come in and do exactly what the City would like done with his property. <br /> 42 <br /> 43 Motion by Commissioner Bowerman and seconded by Commissioner Hansen to recommend <br /> 44 the Council grant the request from META Operating Limited Partnership, 7400 <br /> 45 Metro Boulevard, Edina, for the following variances to the City ordinance in <br /> 46 conjunction with the remodeling and redevelopment of the American Legion and gas <br /> 47 station property at -2701-2709 Kenzie Terrace: <br /> 48 <br /> 49 1 . Parking space variance for no less than 48 parking spaces, to be provided no <br /> 50 matter what future use develops on the site, in conjunction with the proposed <br /> 51 commercial property being developed to use consistent with the approved <br /> • <br /> 52 ordinance uses for commercial property; and <br /> i 53 <br /> 54 2. To approve expansion of the existing non-conforming use with the setback <br /> 55 encroachment behind the gas station property, recognizing that the proposed <br />