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and if not it would be a 7 lot subdivision, that the septic testing on lot 3 is completed and that we have two alternate sites, that lot 8 has a secondary test site, and approval is also subject to <br />resolution of all issues A-H as listed in the packet. Vote: Ayes 5, Nays 2. Smith felt there is <br />enough uncertainty about road needs in the future, Nolan added that the right of way could <br />have been given up in the future. <br />(#2) #1869 SIDNEY AND BARBARA REBERS, <br />2080 WAYZATA BOULEVARD - VACATION OF EASEMENT/CREATION OF <br />NEW EASEMENT - PUBLIC HEARING <br />Bob Kast with BRW was present representing Mr. and Mrs. Rebers. <br />Mabusth explained that the change in the placement of the sewer line w as made in an attempt <br />to save mature trees and get as close to Brown Road as possible w hile minimizing the impact <br />on the outlet, and that the Commission is now asked to vacate the old easement and create a <br />new easement. She also noted the engineers report asked that there w'ould be 7.5 feet on either <br />side of the sewer line. <br />It was moved by Lindquist, seconded by Smith to recommend approval of application #1869 <br />for Sidney and Barbara Rebers, 2080 Wayzata Boulevard, as listed which is creating the new <br />easement and vacating the old easement with the conditions so stated. Vote; Ayes 7, Nays 0. <br />(#3) #1872 ORONO WOODLAND, INC. - PAUL PHILLIPS, 2100/2140 SIXTH <br />AVENUE NORTH - VACATION OF DRAINAGE AND UTILITY <br />EASEMENTS - PUBLIC HEARING <br />Paul Phillips was present. <br />The Subdivision of a lot line rearrangement shall be completed as a plat realizing the <br />cumbersomeness of the legal descriptions that would be created by metes and bounds format <br />and so it was agreed upon by all that the plat would be done. One of the steps involved in the <br />plat is the vacation of drainage and utility easements. The shared lot lines will be redefined and <br />the easements will be rededicated in the final plat <br />It was moved by Smith, seconded by Nolan to recommend approval of application #i872 as <br />proposed. Vote: Ayes 7, Nays 0. <br />(#4) #1850 JAMES SPINNER, 940 NORTH ARM DRIVE - VARIANCES - <br />CONTINUATION OF PUBLIC HEARING <br />Applicants contractor w'as present. <br />Mabusth explained that the application had been tabled at the August meeting so that an <br />updated survey and hardcover inventory could be provided. In return, applicant w as to review <br />the new facts and to present plan for hardcover reductions. Existing structure is w ithin the 0- <br />75 ’ as well as much of the paved driveway and parking area. There are changed hardcover