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7. The Applicants shall be responsible for providing verification of approval and <br />obtaining any permit necessary from the Rice Creek Watershed District prior to the <br />start of any site activities. <br />8. A separate right-of-way permit for each roadway shall be required for work <br />performed within the City right-of-way. <br />9. All Public Works Director/City Engineer comments as stated in the November 9, <br />2022 Staff Report for driveway access connection and utility connections shall be <br />addressed and are adopted herein by reference. The Applicants shall be financially <br />responsible for 100 percent of the costs for connections. <br />10. The Applicants shall be responsible for obtaining a Sanitary Sewer Connect <br />Permit. <br />11. The Applicants shall be responsible for obtaining a Water Connect Permit. <br />12. Prior to the issuance of a building permit, the Applicants shall be financially <br />responsible for 100 percent of all applicable sewer connection, sewer availability, <br />water connection, water availability and Metropolitan Council SAC charges. <br />13. A Tree Preservation Plan shall be required as part of the Building Permit <br />application for the new dwelling. Any tree removal, preservation, and mitigation <br />shall be completed in accordance with City Code Section 1325.055. <br />• Approval: Motion to a opt Resolution 2022-054, approving Planning Case 22-019 for a <br />Variance at 3588 Ridgewood Road, based on the findings of fact and the submitted <br />materials in the November 28, 2022 Report to the City Council. <br />• Denial: Motion to deny Resolution 2022-054, approving Planning Case 22-019 for a <br />Variance at 3588 Ridgewood Road, based on the following findings: findings to deny <br />should specifically reference the reasons for denial and why those reasons cannot be <br />mitigated. <br />• Table: Motion to table Resolution 2022-054, approving Planning Case 22-019 for a <br />Variance at 3588 Ridgewood Road: the City Council should identify a specific reason <br />and/or information request should be included with a motion to table. <br />Notice <br />Although a variance does not require a public hearing, a public meeting notice was prepared by <br />the City and mailed to properties within 500 feet of the Subject Property on November 17, 2022. <br />A public meeting notice for this planning case was published in the Pioneer Press on November <br />17, 2022. Minnesota statute does not clearly require a public hearing before a variance is granted <br />or denied, however, after consulting with the City Attorney, staff agree that the best practice is to <br />allow public forum on all variance requests. A public forum allows the city to establish a record <br />and elicit facts to help determine if the application meets the practical difficulties factors. <br />Public Comments <br />Staff received two emails in opposition of the application in advance of the Planning <br />Commission meeting and two members of the public in attendance at the meeting spoke in <br />opposition. The City has not received any written public comments regarding this planning case <br />following the Planning Commission review. <br />Page 10 of 11 <br />