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CITY OF ST. ANTHONY <br /> • RESOLUTION 05-046 <br /> A RESOLUTION DENYING A VARIANCE FOR BUILDING SETBACK FOR <br /> THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE <br /> WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, <br /> regarding a variance for building setback for the development located at 2900 <br /> Kenzie Terrace; and <br /> WHEREAS, the Council received the Planning Commission's report at the Council's May 24, <br /> 2005 meeting; and <br /> WHEREAS, Council member discussion following the report raised concern that the proposed <br /> variance will be inconsistent with certain provisions of the Development <br /> Agreement with Amcon St. Anthony, LLC, dated November 3, 2003, and, in <br /> particular, with the construction and operation of a restaurant on the development <br /> property; and <br /> WHEREAS, the Council makes the following findings: <br /> (a) The property can be put to a reasonable use without the variance, <br /> including the development scenario agreed to in the Development <br /> Agreement. <br /> • (b) The suggested changes in circumstances since execution of the <br /> Development Agreement were caused by the developer's failure to act <br /> upon a prior variance granted for the development scenario agreed to in <br /> the Development Agreement. <br /> (c) The variance, if granted, would alter the essential character of the locality. <br /> (d) Economic considerations are the primary basis for the requested <br /> variance. <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby <br /> denies a variance for building setback for the development located at 2900 <br /> Kenzie Terrace. <br /> Adopted this 14th day of June, 2005. <br /> Mayor <br /> ATTEST: <br /> City Clerk <br /> Review for Administration: <br /> 1 <br />