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Council Proceedings <br />City of New Brighton <br />Sept 11, 1974 <br />Motion by Bromander, seconded by Anderson to grant <br />approval of VN-126 with less than ordinance required <br />parking setback on Silver Lake and less than ordinance <br />required parking stalls in accordance with plan dated <br />September 11, 1974 and signed by Building and Planning <br />Coordinator, subject to the following conditions: <br />1. That the owner permit the city to plow snow <br />from the sidewalks onto the property; <br />2. The owner remove all snow from the parking areas; <br />3. That the curb along Silver Lake Road be replaced <br />where it is currently missing. <br />Motion by Eago n, seconded by Fisher to amend motion <br />by adding that variance be for the period of the <br />7-Eleven lease and that upon termination of the lease <br />the question of the southwest driveway and other <br />variances be reviewed. <br />Roll call vote. <br />Anderson - Naye Fisher - Aye <br />Eagon - Aye Bromander - Naye <br />Rebelein - Naye <br />Motion failed <br />Councilman Fisher stated for the record that the <br />request for VN-126 presents the following facts: <br />1. Variance is sought to allow the subject property to <br />remain as constructed without conforming to council <br />conditions imposed in the granting of VN-111. <br />2. Said conditions were imposed in consideration of <br />technical advice of a professional planner hired by <br />the previous owner of the property, and in consideration <br />of other facts and data. The conditions were <br />attached to eliminate traffic circulation problems <br />resulting from insufficient setbacks, improper <br />green area, and insufficient parking which resulted <br />from construction on the property in conflict with <br />the zoning ordinance. <br />3. There has been no evidence presented to this <br />council that these traffic circulation problems do <br />not currently exist, nor has any evidence been <br />presented to refute the original findings of the <br />professional planner. <br />4. An opinion of the State Attorney General in regard to <br />variance conditions states in effect that conditions <br />attached to variance warrant reconsideration when it <br />is demonstrated that circumstances regarding the <br />property have changed. <br />4