4C Minor Subdivision, Lot Consolidation, and Rezoning for a City Owned Parcel, PID #22 30 23 42 0007, and 1330 Indian Oaks Circle

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When the encroachment was discovered, Staff contacted the record owner of 1330 Indiaxi Oaks Circle and informed that owner of the situation. Over the next year, that property was sold and the City attempied to contact and work with the new property owner, with little success. Tr� early 2007, that property was foreclosed. At about the s�,xne time the City commenced a lawsuit against the then current recard avvner. Upon the completion of the foreclosure, the complaint in the lawsuit was amended to add the mortgagee as the current owner. Settlement discussions were initiaied, which discussions resulted in a tentaiive settlemeni. That tentative settlement has been approved by the City Council. The tentative settlement requires the City io subdivide the portion of land owned by thE City over which the encroachment has occurred, and consolidate it with the property at 1330 Indiat� Qaks Circle. The City would then canvey the subdivided land ta ihe current owner. In return, the current awner will pay the City $25,Q00. As part o�`the application, the partion of the land that is to be consolidated must be rezoned from Industrial to Single Farnily Reszdential. The result of the subdivision and lot consalidation will be to eliminate the pool and fence encroachment and bring the property located at 1330 Indian Oaks Circle into conformance with the Zoning Code. Na variances are required or r�vouid be needed for the subdivision or lot consolidation. Other than the encroachrz�en�, �he property ai 1330 Indian Qaks Circle meets all other zoning requirements. Recommendation The Planning Commission reviewed Planning Case OS�019 and unanimously (6-0) recommends approval of Resolution 2008-039 approving Planning Case 08-019 for a Minor Subdivision and Rezoning of a 1,011 square foot City awned parcel, and Lot Consolidation ai 1330 Indian Oaks Circle, Based on the Findings of Fact and the Submitted Plans as Amended by the Condition in the August 25, ZOQ8, report to the City Council. 1. The City shall file �he minar subdivision and consolidation vc�ith the Ra�sey County recorder. Staff recommends approving Resolution 2008-040 approving the settlement agreement between the City of Arden Hills and US Bank National Association. Options 1. Approve the proposal as submitted. 2. Approve the proposal with condiiions. 3. Deny the application with reasons iar denial. Ii the City denies the petitioners request, ". .. it must state in writing the reasons %r the denial at the time it denies the request." 4. Table far additional informatian. 14Meiro-inet.uslardenhilTslPlanninglPlanning Cases12008408-019.4rden Hills Minor Subdivision, Lot Consolidation, Rezoning (AC AppravedJ 1082508 - CC Report - Subd, Consalidation, ftezoning.doc Page 2 of 3