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VN-203, LP-120 Page #3 8. "That a Homeowners Association to cover maintenance of building and grounds for the condominiums, duplexes,.and townhouse/4-plexes be established." -No Homeowner's Association documents specifically for the condominium have been reviewed by the City Attorney. 13. "That particular attention in regard to landscaping and buffering be given to the condominium parking area north of Rice Creek Road, the area adjacent to the shopping center and the property adjacent to the existing single family homes on the east side of 29th Avenue N.W." -As staff previously stated the proposed landscape plan does not provide an adequate buffer of the parking. The "Russian Olives" should be replaced with a evergreen hedge or collection of trees and shrubs. The landscape area should be at least 15 feet wide and the plantings should be placed on the applicant's property not the street right-of-way. Additional plantings are necessary on the east side of the site to break up the appearance/bulk of the four story building and to screen the parking lot. A fence is required around the pool and such fence shall be depicted on the plans for location, height and material of construction. This is a part in terms of design of the landscape plan. 16. "That the preliminary plan for PRD #27 be approved contingent on the approval of the variance application VN-206, preliminary plat application PL-118, rezoning R-103 and rezoning R-109.'"- -Final PRD approval (June 10, 1980) included 3 conditions; one of those conditions related to the condominium site, reads as follows: "2. That no building permit be considered for the condominium building untili such time as the storm sewer and storage pond are functional;" Attached is a memorandum which further clarifies the responsibilities with the storm sewer improvement. Since item #3 the removal of the extra earth has not taken place t 1 FE--S'" F III wer an onus are not functional. A cor ing to the agreement n as next year (1982) to complete this removal. No permit for the condominium should be issued until that is completed. APPLICATION FOR VARIANCE A. PRD Modifications Under a Planned Residential Development an applicant can request modifications to the zoning code requirements. Such modifications may be granted on the basis that with the modifications the design better meets the intention of the zoning ordinance and provides a