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ARDEN HILLS CITY COUNCIL -APRIL 24, 2006 5 . 2. Execution of a performance agreement between the City and Chesapeake Companies, in a form approved by the City Attorney; and 3. Chesapeake Companies must apply for a Final Plan approval prior to any grant- related remediation work being started on the site. She noted the grant applications were due by May 1. Councilmember Holden asked what the time frame was for the City to be reimbursed for the match. City Attorney Filla responded the City would not be using City funds for tbis project and the developer would fund this. Councilmember Larson asked where the contamination came from. Diane Fredeen, Chesapeake Companies, stated they were not positive where the contamination came from and they did not know about the contamination until they tested the soil under the building, which testing was required by the MN Pollution Control Agency. She stated they needed to remove the contamination from the site. She indicated this was not a high contamination, but it did need to be removed and brought to a landfill. Councilmember Grant asked if they were going with the three building approach. Ms. Fredeen replied they were proposing to build two buildings and not three, which she believed was one of the original proposals. She noted to begin with they would be building one building and adding the common area when the second building was built. . MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Resolutions 06-31 and 06-32 Authorizing the Application for Contamination Clean-up Grants from the Minnesota Department of Employment and Economic Development (DEED), Ramsey County, and the Metropolitan Council on behalf of Chesapeake Companies for Brownfield remediation at the former ATS site, 1901 Gateway Boulevard, subject to the three conditions as noted in staff's April 20, 2006. The motion carried unanimously (5-0). D. PLANNING CASE 06-009: Motion to Approve a Variance Request: Vaul!hn Morin, 1889 Grant Road Mr. Lehnhoff stated the applicant proposes to construct a 1,224 square toot 34 'x36' accessory structure (garage) at 1889 Grant Road. Although the proposed garage would replace an existing 484 square foot 22'x22' structure, a portion of the foundation of the existing structure would be retained for the new structure. In the R-2 Zone, properties are allowed up to 1,456 square feet of accessory structure space; however, the Ordinance requires the 1,456 square feet to be divided into no more than two structures that do not exceed 728 square feet each. . According to the applicant, there was an attempt to formulate a design to attach the proposed garage to the existing dwelling. However, a design that attached the garage to the dwelling would have required a variance to encroach on the front line setback, a variance to encroach on