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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 />ATTEST: <br />City Clerk <br />Review for Administration: <br />Mayor <br />City Manager <br />M <br />