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2009-09-29 specMOUND CITY COUNCIL MINUTES September 29. 2009 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, September 29, 2009 at 8:00 p.m. in the council chambers of City Hall for the purpose of reviewing a variance application for the property located at 4942 Edgewater Drive. Members Present: Mayor Mark Hanus; Councilmembers David Osmek and Ray Salazar. Members absent: Councilmembers Heidi Gesch and Greg Skinner Others present: City Manager Kandis Hanson, City Attorney John Dean, Community Development Director Sarah Smith, Jackie Kramer, 4942 Edgewater Drive; Brad Kvanbek, 2895 County Road No. 19, Medina, MN 1. Open meeting Mayor Hanus opened the meeting at 8:00 p.m. 2. Pledge of Allegiance 3. Planning Commission Recommendation Review /action on Planning Case No. 09 -14 Variance — side setback for new house construction /addition 4942 Edgewater Drive Kristopher and Jackie Kramer Mayor Hanus stated that the City Council members were present at the special Planning Commission meeting at 7:00 p.m., which immediately preceded the special City Council meeting at which time the variance was presented and discussed by the Planning Commission who recommended approval subject to conditions. Therefore, a staff presentation on the requested variance was not needed. John Dean presented a proposed resolution to approve the variance to the City Council. MOTION by Osmek, seconded by Salazar, to adopt the following resolution. Mayor Hanus discussed the inclusion of some additional findings to the resolution including, the requested variance is minimal, topography /difficult terrain, the new setback of 5.6 is the same as the setback for the former house, the setback for the existing house to the east is also nonconforming and extraordinary fire protection provided by the ICF wall as discussed by the Planning Commission. Mayor Hanus offered these findings as a friendly amendment to the motion. Osmek and Salazar accepted the friendly amendment to the motion. Upon vote taken, all voted in favor. Motion carried. RESOLUTION NO. 09 -76: RESOLUTION TO APPROVE A SIDE SETBACK VARIANCE FOR PROPERTY LOCATED AT 4942 EDGEWATER DRIVE 4. Adjourn MOTION by Osmek, seconded by Salazar to adjourn. AI to v r. tion carried. Attest: City Clerk Bonnie Ritter Mayor Mark Hanus