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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 that 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 app.licant's parcels.. This would correct a <br />past oversight. <br />PLANNING COMMISSION CONSIDERTION AND RECOMMENDATION <br />• <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 <br />0