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.. The granting of the variances will allow the developerto protect and preserve beyond the requiretnents of City Code natural. <br />amenities such as trees and wetlands on. the property; <br />5. Ciq,,rquiredameiiitiessuch.,tspaths,.v i e wease in ent and op en spate require the -ranting of'variancesto alib*the reasonable <br />developmen4 of the property; <br />6.. The City desires that: the prbject be served by.sanitary sewerwhich is not -otherwise a requirementofthe. R 1.7oning-district.. <br />Without variances it is not reasonable to develop Ihe.propeity with sewer. <br />7. Thavoc.-Rezoningof.Lot.29:is consistent with the.zoaingofknmediatelyadjacentproperties britheWdstsideofScheuneman <br />Road and..the entire east side: of Scheuneman Road. <br />S. That.the creation of a private way within the developmemmaintained solely bythe benefitted residenisis consistent with the <br />Comprehensive Plan, the Subdivision Ordinance and previous subdivisions approved within the City., <br />9, 'That the maintenancerequirements.ofa private way serving a large number of properties necessitate the inclusion 9(use and <br />maintenance covenants in the declarations to be filed against the. property by the Developer.: <br />10. That the Mat is consistent .with the City's Comprehensive Plan .and addresses certain. unique and historical issues. relating to <br />past subdivisions within and adjacent to the Plat. <br />I I . That the.Developer in -concert with the Clem Lake Manning Commission, City Council and members of'the community.ltave, <br />through their collective input and effort, created:a. subdivision consistent with the best interests. of the City. <br />I I That the Developer's Agreement and Plan B-2 address,: in essence; the historical density, large lot dimensions, cluster <br />consideration, and. envi.ronmental.preservation issues which further the City's. Comprehensive. Plan. <br />Further resolved,. that the Getn Lake City Council. approves McNulty Plan &2 for Hillary Farm: upon .the. following <br />understandings:arid agreements and. subject to the following conditions: <br />1. The Plat shall be subject to a.Declaration informand substaote.satisfactory to and approved by the City Attorney which shall <br />be .filed Ior record with the County Recorder of Ran" County, Minnesota, immediately after recording of the Plat :(the <br />"Declaration"). The applicable conditions described. below shall be. included in the Declaration. <br />2. All interioewetlandsshall.be protected by such buffers with peiinanentibariuinentsdelineating the boundary as required by <br />the Watershed District permit. <br />I. The scenic easement between Lots 6 and 7 shall be: maintainedbythe affected lot ownersand will not tie released except with. <br />written permission of the HOA. The owner of Lot I shall have the right to specificaI ly enforce this. easement; <br />.1. The road crossing in front of Lots 6. and 7 between the estate house and Gem Lake shall bebuilt as described in the:.0lans.or <br />otherwise depressed so that the road itself cannot be seen.from across the lake. This restriction will not: screen cars that may be <br />traveling on the road. <br />5.. The City Code shrill govern as to. structuresoallowed on the island adjacent to Hillary Farm tnaitiland. <br />A. No access to the lake shall be granted to any non=riparjan locin the Hiflaty. Furn.addition. <br />7. Cohcretesurmountable curbs. asshown inthe pIan.sentitled B-2.Submittalprepared-byAnderson Engineering6fMtnneiota;. <br />dated A.p.61.29. 2004 sheets* l through6 shall be required along the. road In.the areas in which drainage from 'the: -road can'be <br />tapected to flow into interior wetlands so thatsuch drainage is.conducted first to.settling ponds. <br />S. Alutninumorvinyl laps* Whig slialIbeprohibitedin. the HOAdocuments. Alum inurnorvinyl.may:beo"edfor fascia orsoffits. <br />No.metal accessory.buildings shall be. allowed. <br />9. Ilie location of all structures owthe-lots-shall beIubject to City site piah*reView and approval: <br />10. All utilities serving the Plat shall be buried. <br />- 2* - <br />