Agenda - Council - 09/10/2019 - Laserfiche WebLink

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Boulevard and between the property and the property to the west. He noted that these items were not created by the applicant but are challenges that exist in developing the property. He advised that he also submitted a letter, which states why it would be appropriate to grant a variance. He noted that staff has done a great job listing these facts in the proposed resolution as well. He noted that this use and setback supports the intent of the Comprehensive Plan and will help to improve the tax base of the community. He asked the Council to approve the variance for the reasons discussed tonight, as it will not affect the essential character of the neighborhood or future uses of the property around it. Councilmember Musgrove stated that she reviewed the minutes from the Planning Commission meeting from June and noted that there was discussion of the desired setback and the Site Plan was approved at that time. She noted that she did not see the discussion related to the variance as discussed tonight. Mayor LeTourneau noted that the variance discussion occurred at the July Planning Commission meeting. Councilmember Heinrich stated that with the support of the residential property owner, she does not see a reason to deny the request. Motion by Councilmember Heinrich, seconded by Councilmember Riley, to Adopt Resolution #19-180 Approving Appeal for a Variance to Buffer Yard Setbacks for Delta ModTech. Further discussion: Councilmember Kuzma stated that he would like to support the Planning Commission and therefore would like to see this go back to the Planning Commission. He stated that the law is applied to everyone and he would want to see it done equally. Community Development Director Gladhill stated that the review was done based on the current statute and explained that the decision was based on the information shared or lack thereof. Motion carried. Voting Yes: Mayor LeTourneau, Councilmembers Heinrich, Riley, and Musgrove. Voting No: Councilmember Kuzma. Motion by Councilmember Musgrove, seconded by Councilmember Heinrich, to Adopt Resolution #19-152 Approving Development Agreement and Releasing and Restating Associated Agreements for Delta ModTech. Motion carried. Voting Yes: Mayor LeTourneau, Councilmembers Musgrove, Heinrich, Kuzma, and Riley. Voting No: None. 7.03: Adopt Resolution #19-085 Authorizing Submission of the City's 2040 Comprehensive Plan to the Metropolitan Council Community Development Director Gladhill reviewed the staff report and recommendation to adopt Resolution #19-085 authorizing submission of the City's 2040 Comprehensive Plan to the Metropolitan Council. City Council / July 23, 2019 Page 8 of 10