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-56- <br /> <br />Mayor Gamec inquired if Mr. Welle was in agreement that the accessory building cannot be used <br />for a business or as a residence. <br /> <br />Jeff Welte, 15351 Ute Street NW, Ramsey, replied that he was in agreement with those terms <br /> <br />Councilmember Kurak inquired if Mr. Welle was aware of the fact that if he wanted to subdivide <br />the property the structure would be in the way. <br /> <br />Mr. Welle replied that he was aware of that. <br /> <br />City Attorney Goodrich stated that #5 of the conditional use permit should be amended as <br />follows: That no business or residential uses shall be permitted in the detached accessory <br />building unless such uses or permitted by City Code. <br /> <br />Motion by Councilmember Hendn'ksen, seconded by Councilmember Zimmerman, to amend the <br />Findings of Fact to add #15 whichstates: "That the applicant appeared before the City Council <br />and agreed that there would be no, business or residential uses in the building. <br /> <br />Motion carried. Voting Yes: ~ Mayor Gamec, Councilmembers Hendriksen, Zimmerman, <br />Anderson, and Kurak. Voting No: None. <br /> <br />Motion by Councilmember Hendrikseh, seconded...by Councilmember Kurak, to approve Jeff <br />Welle's request to exceed accessory'bui!ding height restrictions based on the finding of fact and <br />adopt Resolution #01-10- declaring: terms, of same, amending condition #5 as recommended <br />by the City Attorney.. <br /> <br />Motion canded. Voting Yes: Mayor Game¢,.TCoundiimemb~2-Hendriksen, Kurak, Anderson, <br />and Zirnmerman. Voting No: None. <br /> ., <br /> <br />Case#11: Adopt Ordinance to Vacate Easements in Orfih~'d"Hills; Case of TEC <br /> Design and Homestead Multi-Family Deve.lopment <br /> <br />Community Development Director Frolik stated that on October 9, 2001, the City Council <br />introduced an ordinance to vacate certain underlying drainage and utility easements from <br />Rademacher Addition that were in existence at the time the property was platted as part of <br />Orchard Hills. <br /> <br />Motion by Councilmember Anderson, seconded by Councilmember Kurak, to adopt Ordinance <br />#01-__ to vacate certain drainage and utility easements in Orchard Hills. <br /> <br />A roll call vote was performed by the Recording Secretary: <br /> <br />Councilmember Kurak aye <br /> <br />City Council/October 23, 2001 <br /> Page 16 of 24 <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />! <br />I <br />! <br />! <br />! <br />I <br />! <br /> <br /> <br />