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Page 3 July 1, 1995 <br />9. The developer will record with Dakota County at the sarne time <br />as the plat, covenants which specify landscape maintenance <br />responsibilities for those lots which abut the ponding area. <br />10. The developer will record with Dakota County at the sane time <br />as the plat, easements guaranteeing cross access between <br />Lots 7 & 8, Block 2. <br />Ayes; Nays, Riveness and Moratzka. <br />Moved by Councilmeat ber T iveness, seconded by Council- SET BACK <br />member Hicks to deny a request for a two foot rear and side yard setback VARIANCE <br />variance at 1470 Brittany Road as recommended by the Planning DENIED- <br />Commission subject to the following conditions: 1470 BRI'T'TANY <br />1. To deny a two foot rear yard setback variance for an accessory structuxe <br />at 1470 Brittany load based on findings that the applicant did not <br />satisfy the following variance criteria: <br />A. That special conditions and circumstances exist that are peculiar to the <br />land, structure, or building involved and that are not applicable to other <br />lands, structures, or buildings in the same district. <br />B. The literal interpretation of the City Code would deprive the applicant <br />of rights commonly enjoyed by other properties in the same district <br />under the terms of Chapter 10. <br />C. That the special conditions and circumstances do not result from the <br />actions of the applicant. <br />D. That granting the variance requested - will not confer on the applicant <br />any special privilege that is denied by Chapter 10 to other lands, <br />structures, or buildings in the same district. No non-conforming <br />use of neighboring lands, structures, or buildings in the same district, <br />and no permitted or non - conforming use of lands, structures, or <br />buildings in other districts shall be considered grounds for the issuance <br />of a variance. <br />2. To deny a two foot side yard setback variance for an accessory structure <br />at 1470 Brittany Road based on findings that the applicant did not <br />satisfy the following variance criteria: <br />A. That special conditions and circumstances exist that are peculiar to the <br />land, structure, or building involved and that are not applicable to other <br />lands, structures, or buildings in the same district. <br />B. The literal interpretation of the City Code would deprive the applicant <br />of rights commonly enjoyed by other properties in the same district <br />under the tenns of Chapter 10 - <br />C. That the special conditions and circumstances do not result from the <br />actions of the applicant. <br />. That granting the variance requested will not comer on the applicant <br />any special privilege that is denied by Chapter 10 to other lands, structures, <br />or buildings in the same district. No use of neighboring <br />lands, structures, or buildings in the wine district, and no permitted <br />or non- conforming use of lands, structures, or buildings in other <br />districts shall be considered grounds for the issuance of a variance, <br />6 Ayes; Nays, warner. <br />Moved by Councilmernber Si .ace , seconded by Councilmeznber 1 1-A G KELLEY <br />Johnson to accept the resignation of Senior Accounting Clerk Marge R TIRES <br />Kelley effective February 29, 1996. The City Council would like to thank <br />Marge for her 22 yews of dedicated service to the City of Hastings. <br />Ayes; Nays, None. <br />Moved by Councilmember Sim cek, seconded by Councilmembear ADJOURNMENT <br />1 lorat l a to adjourn the meeting at :00 p.m. 7 Ayes; bays, None. <br />Mayor <br />Cit y Cleary <br />