1991-07-23 - Laserfiche WebLink

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I I I Council Meeting Minutes July 23, 1991 Page 4 Council Business. continued Mr. Murlowski confirmed that Belair will only take equity in the east 406 feet and will prepare a document stating this. City Attorney Charlie LeFevere said the arrangement to subdivide is generally not authorized unless there is approval by the City or an exception due to State law. The issue is not the deed being unrecordable, but the County may not accept the deed for recording. A subdivision may reduce the pool of assets available to fund remediation. Williams said it was his understanding that Belair would own the entire parcel. Benke also believed the subdivision issue was resolved. Mattila acknowledge~ that a request for minor subdivision would have prompted staff to recommend denial of the variance based on the landfill liability. Benke said looking beyond the liability issue, the proposal seems an appropriate use for the site. LeFevere said some type of agreement could be created which protects the City from any claims brought by a future owner of the parcel. Belair performed tests on the landfill area and found contamination. Tests on the 406 foot area uncovered some demolition materials, but the material is not carcinogenic and Belair feels it does not contain the same risks associated with the landfill. Murlowski said that under State environment law, adjacent landfills are considered a hardship. Belair would consider ownership of the landfill if MPCA agreed to not pursue litigation. Motion by Williams, seconded Gunderman, to CONTINUE FOR FUTURE CONSIDERATION OF VN285/PL-191. BELAIR BUILDERS. 4 Ayes - 0 Nayes, Motion Carried. Mattila presented the site plan review, setback variance, and a parking variance for Norwest Bank located at 1200 Silver lake Road. Norwest proposes to expand the existing drive-through from one to four lanes. The expanded canopy and paved area would extend 1 7 feet into a 25 foot buffer along the north property line. The buffer would be cleaned up and heavily landscaped to screen the drive-through and parking lot from the adjacent residential area. The site is triangular and bordered by two public right-of-ways and a residential area. If the setback requirements were enforced this could create an undue hardship. If the 24 parking stalls in the drive-through were allowed to be added to the required parking spaces, it would exceed City Code requirements. The Planning Commission held a public hearing on July 16 and recommends approval. The concerns which were expressed by residents at the hearing have been resolved. Council Business Belair Buildersl Herbst landfill Report 91-161 Norwest Bank Drive-through Expansion Report 91-162 Resolution 91-075 Resolution 91-076