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Department Approval r�� Item Description: BACKGROUND f�� � REQUEST FOR COUNCIL ACTION Date: 6/9/14 Item No.: 7.i City Manager Approval ��9��..�- Approve Agreement for Autozone Development at 1255 Larpenteur Ave The City's Variance Board recently granted a variance to the proposed developer at 1255 Larpenteur Ave in order to construct a new building with a floor level that is lower than the required elevation in relation to the 100-year flood elevation of the adjacent storm pond. The Request for Variance Board Action for this item is attached along with the supporting documentation. As a condition of the variance approval, the applicant is required to sign a flood damage liability waiver to be drafted the City Attorney. Upon review of the situation, the Attorney has drafted the attached Agreement which is to be signed by both the City and the developer, Autozone Development Corporation. The Agreement waives and releases the City of Roseville from any and all claims, liens, demands, etc., arising from or related to any property or personal damage or loss which may arise in connection with the Property and that is relevant to the City's requirements under the City Code Chapter 1017, Shoreland, Wetland and Starm Water Management. This variance approval is very reasonable given the specific site conditions and surrounding development and follows the precedent set for the neighboring property at 1233 Larpenteur Avenue which was allowed to expand at a floor elevation below the 100 year flood elevation upon signing a similar waiver in 2008. STAFF RECOMMENDATION Staff recommends the Council approve the Agreement for the proposed Autozone development at 1255 Larpenteur Ave. REQUESTED COUNCIL ACTION Motion approving the Agreement for the proposed Autozone development at 1255 Larpenteur Ave. Prepared by: Marc Culver, City Engineer Attachment A: 1255 Larpenteur Ave Agreement Attachment B: May 7, 2014 Variance Board Request for Board Action Page 1 of 1