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HomeMy WebLinkAboutCC RES 05-046 RESOLUTION DENYING A VARIANCE FOR BUILDING SETBACK FOR THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE Meeting Sheet IIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 104369 Box: 31 Folder: RES 2005 Document: CC RES 05-046 RESOLUTION DENYING A VARIANCE FOR BUILDING SETBACK FOR THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE CITY OF ST. ANTHONY • RESOLUTION 05-046 A RESOLUTION DENYING A VARIANCE FOR BUILDING SETBACK FOR THE DEVELOPMENT LOCATED AT 2900 KENZIE TERRACE WHEREAS, the St. Anthony Planning Commission held a public hearing on May 17, 2005, regarding a variance for building setback for the development located at 2900 Kenzie Terrace; and WHEREAS, the Council received the Planning Commission's report at the Council's May 24, 2005 meeting; and WHEREAS, Council member discussion following the report raised concern that the proposed variance will be inconsistent with certain provisions of the Development Agreement with Amcon St. Anthony, LLC, dated November 3, 2003, and, in particular, with the construction and operation of a restaurant on the development property; and WHEREAS, the Council makes the following findings: (a) The property can be put to a reasonable use without the variance, including the development scenario agreed to in the Development Agreement. • (b) The suggested changes in circumstances since execution of the Development Agreement were caused by the developer's failure to act upon a prior variance granted for the development scenario agreed to in the Development Agreement. (c) The variance, if granted, would alter the essential character of the locality. (d) Economic considerations are the primary basis for the requested variance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of St. Anthony hereby denies a variance for building setback for the development located at 2900 Kenzie Terrace. Adopted this 14th day of June, 2005. Mayor ATTEST: City Clerk Review for Administration: 1