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HomeMy WebLinkAbout98-96RESOLUTION 98-96 RESOLUTION OF Tl~E PRIOR LAKE CITY COUNCIL GRANTING AN EXTENSION OF TIME, UNTIL OCTOBER 1, 1998, FOR Tl:lE REMOVAL OF THE TRASH ENCLOSURE ON PROPERTY LOCATED AT 14180 COMMERCE AVENUE FOR BURDICK PROPERTIES INC. MOTION BY: KEDROWSKI SECOND BY: SCHENCK WI-1EREAS, on April 6, 1998, the Prior Lake City Council considered an appeal by Burdick Properties of the Planning Commission's denial of a request for a variance to rear yard setback adjacent to residential property requirement for existing trash enclosure located on property legally described as Lot 4, Block 1, James 1 st Addition; and WHEREAS, the City Council directed staff to prepare a resolution upholding the decision of the Planning Commission and including a specific date of August 1, 1998 that the trash enclosure be removed and directed staff to bring it forward for consideration on April 20, 1998; and WHEREAS, the City Council adopted said Resolution 98-48 on April 20, 1998; and WHEREAS, Burdick Properties has requested an extension of time to remove said trash enclosure. NOW TltEREFORE, BE IT RESOLVED BY TltE CITY COUNCIL OF PRIOR LAKE: On April 20, 1998, the City Council adopted Resolution 98-48 denying a setback variance for the existing nonconforming trash enclosure. The resolution ordered the trash enclosure removed by August 1, 1998 and gave the City Attorney direction to proceed with enforcement action if the trash enclosure was not removed by August 1, 1998. Mr. Burdick, property owner, has requested an extension of time for removal of the trash enclosure in order to work with the neighbors to determine under what conditions or modifications the trash enclosure could remain it its present location and be acceptable to the neighbors. 3. The City received a letter from three neighbors stating their objection to the non-removal of the trash enclosure. 4. The contents of Planning Case File #97-132 are hereby entered into and made a part of the public record and the record of the decision for this case. ,~c:\wingows\t~rr~\ccre~2.{toc 16200 r~agte creek rwe. ~.r.., Prior Lake, Minnesota 55372-1714 / Pt. (612) 447-4230 / Fax (61~z~7-4245 AN EQUAL OPPORTUNITY EMPLOYER CONCLUSION Based upon the Findings set forth above, the City Council hereby: Grants an extension until October 1, 1998 for the removal or relocation of the subject trash enclosure. No additional extensions will be granted. In the event the applicant fails to remove the trash enclosure or apply for a variance by October 1, 1998, the City Attorney is hereby authorized to commence appropriate legal action to compel removal of the trash enclosure. Passed and adopted this 17th day of August, 1998. {Seal} YES Mader X Kedrowski X Petersen X Schenck X Wuellner X NO Mader Kedrowski Petersen Schenck Wuellner(~.~ City Manage~ City of Pri~ c:\windows\tempXccres2.doc Page 2