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Jean Mabusth <br />February 5, ’.993 <br />Page 2 <br />B. <br />A. <br />B. <br />C. <br />Resolution is the Resolution granting the variance..- (discussed above); however, no <br />Resolution number appears on that P<<solution. Pleaso make sure that the cross <br />references are to the proper Resoluhou numbers when the Resolutions are enacted by <br />the Council. <br />I <br />Finding No. 4 of the Resolution refers to the "5(y front yard". As it appe^ that this <br />reference is to the applicable front yard set back requirement, the words "set back line’ <br />should be inserted at the end of paragraph 4. <br />IIL Special Lot Combination Agreement: <br />The clause beginning "NOW THEREFORE" on page 1 of the Agreement contains a <br />typographical error in the last line. The word "follow" should be 'follows . <br />Paragraph 3 of the Agreement appear s to state that Parcel B, the lakeshore outlot, may <br />be used or developed only after the principal use (i.e., residential development) is <br />established on Parcel A (Lot 1). Mr. Goetttn has, from time to time, maintained a dock <br />on the lakeshore lot and does not want the right to continue to maintain a dock impaired <br />during the time he owns both Lots 1 and 2. Consequently, the clause "but only at such <br />time that a principal use is established on Parcel A" should be deleted from paragraph 3. <br />Paragraph 4. a,(3) refers to lakeshore access "stairway/lift/landieg". Please insert the <br />words "boat" prior to the words lift and landing in that subsection. <br />D. Paragraph 9 of the Agreement is somewhat unclear as to what rights the City might <br />have with respect to the lot combination in the future. We request that paragraph 9 be <br />revised to read as follows: <br />i <br />I <br />"Grantorts) agree that the properties shall remain subject to future <br />regulation, modification and/or limitation by Grantee or other <br />regulatory bodies in accordance with legally applicable and <br />enforceable zoning or other ordinances of Grantee; provided that <br />such regulation shall not interfere with the rights of Grantor as set <br />forth in this Agreement." <br />i <br />Please contact me as soon os possible with any questions or comments regarding this letter. If <br />the revisions noted herein can be made prior to the Council meeting next Monday, it will not <br />be necessary for Mr. Goetien or his representative to appear at that meeting.