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Minutes/Edina City Council/April 18, 2006 <br /> Mr. Hughes said at their meeting March 29, 2006, the Planning Commission heard the final plan <br /> and recommended approval of the Final Site Plan including variances for buildings height <br /> subject to the following conditions: <br /> • Developer's Agreement; <br /> • Dedication of a transit easement across the property; <br /> • Cross-easements required to allow access to 7373 France Avenue property to the south; <br /> • Submission of plans and specifications to Park Director for any proposed work to City <br /> park property for approval; <br /> • Receipt of Executed Amendment (changes in land use triggers an increase in park <br /> maintenance fees reflecting the additional FAR or dwelling units) to existing covenant <br /> agreement addressing park maintenance assessment; <br /> • The Centennial Lakes paths must remain open and usable throughout the construction of <br /> the project; <br /> • Watershed District Permits; <br /> • Provide 20' X 120' sidewalk/pathway easement at the northwest corner of the site for a <br /> future pedestrian tunnel below France Avenue; <br /> • Agree to fund and relocate the main entrance into the site off Gallagher Drive with future <br /> development of 7235 France Avenue; (Mr. Hughes reported this condition had been met <br /> as of the meeting date); <br /> • Agree to limit the northerly loading dock to "non-public" use; delivery trucks only; <br /> • Delete the westerly exit for Condo Tower Visitor parking. Provide ingress/egress on the <br /> northerly side of the Condo Tower; <br /> • Provide signal agreement and roadway modification permits with Hennepin County prior <br /> to the issuance of a Building Permit; <br /> • Submit proof of ability to eliminate the access to and from the upper parking structure of <br /> 7373 France Avenue; (Mr. Hughes reported this condition had been met as of the meeting <br /> date); <br /> • Enhanced paving in the Central Plaza area; <br /> • Convey water without curb and gutters in the Central Plaza; and <br /> • Adopt Findings for Variances from the Setback Standard prepared by the City Attorney. <br /> Mr. Hughes added the Planning Commission also wished to note this site could be developed <br /> without variances with a 19-story 235 foot residential condo tower if the building were relocated <br /> on the site. He recommended the Council allow the developer be allowed to speak on behalf of <br /> the project. <br /> Mayor Hovland commented that the Council was dealing with a request for a Final Development <br /> Plan of previously zoned property. He noted that no exceptions from zoning regulations had <br /> been granted at the preliminary stage, and would not be granted at preliminary approval; <br /> therefore the Final Development would be when the applicant must substantiate their hardship <br /> for any requested variances. Mayor Hovland noted the burden of proof of undue hardship was <br /> upon the proponent in their Final Site Plan request. <br /> Proponent Presentation <br /> Bret Witzig, 15601 Dallas Place, Addison, Texas, stated he represented Cypress Equities, the <br /> proponent of the redevelopment plan. He said that some changes had been made to the <br /> Development team since the preliminary approval. Mr. Witzig said that Good, Fulton and Farrell <br /> Page 2 <br />