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Board Member Jeffrey introduced the following resolution and moved for its adoption: RESOLUTION #09-01-011 A RESOLUTION APPROVING THE ISSUANCE OF A VARIANCE TO THE PLATTING REQUIREMENTS IN CITY CODE TO APPROVE A METES AND BOUNDS SUBDIVISION AND DECLARING TERMS OF SAME. WHEREAS , the City of Ramsey (the “Permittee”), has properly applied for a variance to platting requirements established in Section 9.50 (Subdivision) of the Ramsey City Code to facilitate a metes and bounds subdivision for right-of-way acquisition for the extension of Quicksilver Street NW to the City of Ramsey (the “City”) in association with the access to Elmcrest Park and the proposed Water Tower #3 site. WHEREAS , the Board of Appeals met on January 13, 2009, conducted a public hearing and adopted findings of fact relating to the request for a variance from platting requirements to facilitate a metes and bounds subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA , as follows 1.That the requirements of City Code Section 9.50.07 (Subdivision) are a practical difficulty in that the future subdivision plans of the adjacent parcels are unknown at this time and a metes and bounds subdivision will facilitate the conveyance of the Quicksilver Street right- of-way to the City, but will not create any new buildable lots. 2.That based on Findings of Fact #0840, a variance to the platting requirements (the “Variance”) in City Code Section 9.50.07 (Subdivision), is hereby granted to the Permittee for the parcels shown in the exhibits on Exhibit A, all prepared by Bolton and Menk, dated December 12, 2008. City 3.That the hereby approves the metes and bounds subdivision as shown on Exhibit A, Variance contingent on compliance with the conditions contained in this . 4.That the two (2) newly created parcels will not be considered buildable lots until such time that municipal sewer and water is available to them, and said lots are properly platted according to the City’s urban residential zoning City code requirements. A declaration of restrictive covenants to this effect shall be recorded against each parcel in the office of the Anoka County Recorder/Registrar of Titles. Variance 5.The granted herein shall automatically become null and void if the metes and bounds subdivision is not initiated within twelve (12) months of the date hereof, unless an Permittee extension is granted at the written request of the .