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VN-218 <br />Page #2 <br />In staff's opinion it is misfortunate that the error occurred and <br />that it would seem impractical at this time that the building <br />be moved to comply with LP-83. The warrants for the variance <br />appear to include: <br />1. That it would result in a hardship to require the <br />applicant to move the already.constructed:35280.3.square <br />foot building; <br />2. That it is an unique circumstance-that a certified <br />certificate of survey is incorrect and that the <br />building was built on good faith that it conformed with <br />approved building permit, LP-83. <br />The attached-survey-also -indicates:t-hat there--was-never-an easement--- <br />recorded in regard to the 8" water main that exists along the <br />northern portion of this property. Therefore, the granting of this <br />variance should be subject to the applicant granting the City of <br />New Brighton a permanent utility easement across the northern. <br />20 feet of both-.the applicant's parcels.. This would correct a <br />past oversight. <br />PLANNING COMMISSION CONSIDERTION AND RECOMMENDATION <br />.EXTRACT FROM MINUTES <br />BOARD OF REVIEW <br />REGULAR MEETING <br />NOVEMBER 18,:1980 <br />Staff briefly reviewed the request and indicated that the applicant <br />was unable to attend the Board meeting. <br />Commissioner-Livingston voiced a concern over granting the variance <br />and felt there should be additional safeguards concerning outside <br />storage and landscaping. <br />Motion by Williams, second by Sande to waive the reading and adopt <br />a resolution recommending approval of variance application V-N-218. <br />4 Ayes - 0 Nayes, Motion Carried <br />Motion by Williams, second by Lang to recommend the approval of <br />the revision to LP-83 and that the revised survey be attached to <br />approved site and landscape plans dated May 22, 1979 by the <br />applicant and City Planner. <br />4 Ayes - 0 Nayes, Motion Carried