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Planning Commission Regular Meeting Minutes October 24, 2016 Page 3 • The property owner purposes to use the property in a reasonable manner not permitted by the 1 zoning code – Criterion met. 2 • The plight of the property owner is due to circumstances unique to the property not created 3 by the property owner – Criterion not met. 4 • The variance, if granted, will not alter the essential character of the locality – Criterion met. 5 • Economic considerations alone are not the basis of practical difficulties – Criterion met. 6 • The variance, if granted, would be consistent with the City’s comprehensive land use plan – 7 Criterion met. 8 • The granting of the variance is in harmony with the general purposes and intent of the zoning 9 code – Criterion met. 10 11 Ms. Rothstein stated staff recommends approval of the preliminary plat and final plat for St. 12 Anthony Village Center; and the associated variances, subject to the following conditions: 13 • Satisfactory submittal and execution of a reciprocal easement agreement which clearly 14 articulates the rights and responsibilities of the three affected landowners, and is substantially 15 consistent with the rights and responsibilities set forth in the current Condo Association 16 documents; 17 • Satisfactory submittal of evidence to provide proof of clear title (and resolution of any 18 outstanding title issues); 19 • City Attorney review and resolution of any other outstanding legal issues associated with 20 recording of the plat. 21 22 Ms. Rothstein provided three possible actions for Planning Commission consideration: 23 1. Recommend Approval (with or without conditions) of the preliminary plat for St. Anthony 24 Shopping Center, the final plat for St. Anthony Shopping Center, the 6 associated variances 25 and adopt the resolution. 26 2. Recommend Denial (with or without conditions) of the applications. In the event of a 27 recommendation for denial (with or without conditions), the Planning Commission must state 28 its findings and any conditions related to denial. 29 3. Request Additional Information and Continue the Public Hearing. The Applicant appears to 30 have provided enough information for the Planning Commission to make a recommendation 31 to approve or deny the request. Should the Planning Commission request additional 32 information from the Applicant, the Planning Commission should continue the public hearing 33 until a later time. 34 35 Mr. John Trautz, the applicant appeared before the Commission to stand for questions. There 36 were no questions of Mr. Trautz. 37 38 Chairperson Gondorchin closed the public hearing at 7:15 p.m. 39 40 Motion by Commissioner Bartel, seconded by Commissioner Westrick, to recommend to the 41 City Council approval of a Resolution Approving the Preliminary Plat and Final Plat for St. 42 Anthony Village Center and Associated Variances. 43 44 Motion carried Voting in Favor 5 – Abstaining – 2 (Lichty and Foster) 45 46 3