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2006-06-08 Agreement - Wetland Variance•~ ~; NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 ptanners@nacplanning.com MEMORANDUM TO: Larry Kruse FROM: Ann Rexine /Alan Brixius DATE: June 8, 2006 RE: Albertville: Edina Development Albert Villa Settlement Agreement -Wetland Variance Request FILE NO: 163.05 - 06.01 The City of Albertville has been seeking contractual compliance and payment of outstanding bills ($398,000) from Edina Development Corporation Inc. for Albert Villa 1St - 6th Additions. Earlier this spring, the City and Edina Development Corporation Inc. entered into a settlement agreement. According to Court File No. C9-05-2481. Stipulation and Settlement Agreement regarding wetland variance, the City of Albertville has agreed to consider a variance from the required thirty (30) foot wetland buffer strip and structure setback. The City's consideration would reduce the required thirty (30) foot buffer strip and structure setback to twelve (12) feet on lots located adjacent to wetlands in Albert Villa Additions 1, 2, 3, 4, 5 and 6. As the projects developed, the required thirty (30) foot wetland buffer strip and structure setback was not implemented and resulted in illegal, non-conforming lots (Exhibit A). These homes were purchased by homeowners not knowing that these Ordinance violations existed. These lots require a blanket variance to amend them into legal, conforming lots. These current illegal, non-conforming lots will cause further hardship to Albert Villa property owners when they look to finance, mortgage or sell their homes. Our staff recommends a blanket variance to reduce the required thirty (30) foot wetland buffer strip and structure setback to twelve (12) feet on lots located adjacent to wetlands (Exhibit A), be granted to relieve the non-conformity. Attached for Reference: Exhibit A: Property listing of lots adjacent to wetland within Albert Villa Additions Exhibit B: Site map of Albert Villas cc. Mike Couri Adam Nafsted 58 Q: ~ Properties Adjacent to Wetland Within AlUert Villa Additions City of Albertville, MN ALBERT VILLAS 1ST ALBERT VILLAS 2ND ALBERT VILLAS 3RD ALBERT VILLAS 4TH ALBERT VILLAS 6TH LOT BLOCK LOT BLOCK LOT BLOCK LOT BLOCK LOT BLOCK 6 I 5 l i 2 5 2 3 1 7 I 6 I 2 2 G 2 4 l 8 1 7 I 3 2 7 2 5 1 I 4 B 1 4 2 R 2 1 2 2 4 1 3 5 2 9 2 2 2 3 4 2 3 6 2 ]0 2 3 2 3 3 7 2 lI 2 4 2 4 3 6 2 12 2 S 2 5 3 18 2 13 2 6 2 6 3 19 2 16 2 7 2 7 3 20 2 17 2 8 2 8 3 21 2 19 2 3 3 9 3 22 2 20 2 4 3 10 3 24 2 21 2 S 3 11 3 25 2 22 2 G 3 12 3 2G 2 23 2 7 3 13 3 27 2 24 2 14 3 26 2 25 2 I S 3 29 2 26 2 IG 3 30 2 27 2 17 3 31 2 Z8 2 iR 3 32 2 19 3 33 2 24 3 34 2 2S 3 35 2 26 3 36 2 27 3 37 2 28 3 38 2 29 3 3U 3 3S 3 3G 3 37 3 l 6 2 6 3 G 4 G 5 6 6 6 a1'WUxNC DataWubee Heaw+g NoOCesl2000 Ri NdiCeSwlt~l vixas wexantl vana~ce mailing addresses EXHIBIT A 59 ,J 60