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97-022 . . . CITY OF SHOREWOOD RESOLUTION NO. 97-22 A RESOLUTION DENYING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT FOR WATERFORD PHASE III WHEREAS, the Shorewood City Council, by Resolution No.52-91, passed 28 May 1991, granted final plat approval for Waterford ill Addition; and WHEREAS, the City and the Developer entered into a Planned Unit Development Agreement for Waterford Phase ill (the Agreement), dated 30 May 1991; and WHEREAS, the Agreement precluded the Developer or his successors and assigns from being able to apply for any type of liquor license; and WHEREAS; pursuant to the Agreement, the Developer recorded with Hennepin County a Declaration of Protective Covenants (the Declaration), which Declaration provided that the family restaurant to be constructed in the shopping center on the property would not be eligible to apply to the City for any type of liquor license; and WHEREAS, the Vladimir Velikson, on behalf of the current owner of the shopping center (Waterford Partners, LLC), has requested that the Agreement and the Declaration be amended to allow a family restaurant to be eligible to apply for a liquor license; and WHEREAS, after required notice, a public hearing was held and the request was reviewed by the Planning Commission at their regular meeting on 3 December 1996, the minutes of which meeting are on fIle at City Hall; and WHEREAS, the Applicant's request was considered by the City Council at their regular meeting on 27 January 1997, at which time the minutes of the Planning Commission were reviewed and comments were heard by the Council from the City staff, the Applicant and other interested parties; and WHEREAS, based on the foregoing the City Council concludes that there is no substantial reason to modify the restrictions described in the Planned Unit Development Agreement or the Declaration of Protective Covenants described above. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood that the application for amendment to the Planned Unit Development Agreement and the Declaration of Protective Covenants is hereby in all respects denied. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD this 24th day March 1997. ATTEST: