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RES 2011-29 - 14815RESOLUTION NO. 2011-29 RESOLUTION APPROVING AN AMENDMENT TO A STIPULATION ON PLAT, P.S. #99 -03, VARICHAK ADDITION, GENERALLY LOCATED AT 5906, 5924, AND 5942 BENJAMIN STREET NE. WHEREAS, the Planning Commission held a public hearing on July 7, 1999, and recommended approval of said plat; and WHEREAS, the City Council approved the preliminary plat for VARICHAK ADDITION at the August 9, 1999 meeting; and WHEREAS, the City Council approved the final plat at their December 13, 1999 meeting; and WHEREAS, there has been a request from the property owners at 5942 Benjamin Street, legally described as LOT 1, BLOCK 1, VARICHAK ADDITION, to modify stipulation #3 originally approved with the VARICHAK ADDITION, which relates to grading and land alterations within 50 feet of the north property line of the property at 5942 Benjamin Street; and WHEREAS, that stipulation amendment has been reviewed and approved by City staff and is attached in Exhibit A attached; and NOW, THEREFORE, BE IT RESOLVED, that the City Council approves the stipulation amendment for stipulation #3 on Plat, P. S. #99 -03, VARICHAK ADDITION. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 27TH DAY OF JUNE 2011. SCOTT J. LUND - MAYOR ATTEST: DEBRA A. SKOGE - CITY CLERK Resolution No. 2011 -29 Page 2 VARICHAK ADDITION STIPULATION AMENDMENT EXHIBIT A STIPULATIONS No gading of land altefations shall be peffnitted within 50 feet of the neft pfopefty line of Let ' Any grading or land alteration within 50 feet of the north property line of Lot 1 shall be reviewed and approved by City staff prior to commencement of project. Any work approved shall protect adjacent trees, whose drip line is within the project area, with the use of a protective fence around that drip line of the trees.