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M OPPJIDAN Builder of towns. Creator of valve. 5125 Couary Rano 101 11100 MiNarroNxa., AN 55345 Piion,=: 952/294-0353 • Fnx: 952/294-0151 m Wrn: www.oppidan.com April 20, 2005 Ms. Kim Moore -Sykes, Assistant City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 RE: Request to Amend Development Agreement St. Anthony Village Center - Aincon St. Anthony LLC Dear Kim: This shall serve as a request of the City of St. Anthony to amend the Development Agreement, dated November 3, 2003, by and between Arncon St, Anthony, LLC. ("Amcon") as developer and. the City of St. Anthony ("City"). The request is to amend the agreement for the following items: Modify the plans to reflect the new Site Plan for the entire site, Landscaping for the site andthe new building elevation for the outbuilding on the northern point of the center. ® Modify the dates in the agreement to allow for the construction to begin this summer (June -July, 2005) on the outbuilding. ® Modify the document to allow for the restaurant with liquor to go into the main building and allow for a multi -tenant building with a drive-thru to be placed on the outbuilding. Eliminate the City's recapture right if the outbuilding is substantially complete within 6 months of the City approving the modification and issuing a building permit for the outbuilding. Developer will submit plans to the City for permitting within. 30 days of final City approval of the modification and amendment to the Development Agreement. We have processed applications for the proposed modification to the site plan. This application was heard on a conceptual basis in front of the Planning Commission on April 19°'. Additionally, we have submitted the following: ® A Conditional Use Permit for a restaurant within 250 feet of a residential use. ® A Conditional Use Permit for a Drive-Thru Service. • A Petition for Variance for Parking on the Site. ® A Petition for Variance for Building Setback. Each of the above submittals has a brief narrative included with it.