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ARDEN HILLS CITY COUNCIL – JANUARY 26, 2015 8 <br /> <br />3. A portion of the parking lot located at 4703 U.S. Highway 10 encroaches across an area <br />approximately twenty-two (22) feet wide by one hundred and twenty-one (121) feet long <br />onto the property at 4605 Prior Avenue. <br />4. Arden Manor-550 Associates has requested a Minor Subdivision and Lot Consolidation to <br />address the encroachment through the sale of the 2,673 square foot portion of land where <br />the encroachment has occurred to John Welsch. <br />5. The two parties have signed a purchase agreement that will be carried out if the Minor <br />Subdivision and Lot Consolidation is approved by the City Council. <br />6. The property at 4605 Prior Avenue is located in the R-3 Townhouse & Low Density <br />Multiple Dwelling District. The site operates under a Conditional Use Permit and the <br />proposed lot line adjustment would not result in the property being out of compliance with <br />previous agreements. <br />7. The property at 4703 U.S. Highway 10 is located in the N-B Neighborhood Business <br />Zoning District. The property is considered to be nonconforming due to an encroachment <br />into the required off-street parking area setback and landscape lot coverage. <br />8. The resultant parcel at 4703 U.S. Highway 10 would be in conformance with the minimum <br />lot dimension, lot area, and structure setback requirements for the Neighborhood Business <br />Zoning District. <br />9. With the expansion of the lot boundaries at 4703 U.S. Highway 10 the parking lot would <br />continue to encroach along the southeast lot line and the overall landscape lot coverage <br />would decrease from 14.1 percent to 13.9 percent. <br />10. The resultant parcels abut on and have access to an existing public street, road, <br />thoroughfare or highway. <br />11. The subdivision will not involve the opening, widening or extension of any public or <br />private street, road, thoroughfare or highway and will not involve the dedication, <br />reservation or construction of any type of public utility. <br />12. The subdivision will not obstruct future streets which have been planned by the City. <br />13. The subdivision will not be detrimental to the public welfare or injurious to adjacent tracts <br />in the area in which the subdivision tract is located. <br />14. The registered land survey conforms to all requirements. <br />15. The resultant parcel at 4605 Prior Avenue will be in conformance with the Zoning Code <br />and the existing Conditional Use Permit that the property operates under. <br />16. The resultant parcel at 4703 U.S. Highway would not be in conformance with the Zoning <br />Code and a variance is needed. <br />17. A twenty (20) foot wide sanitary sewer easement will be provided across the property at <br />4703 U.S. Highway 10 where an existing sanitary sewer line is located. <br />18. No grading plan is required for the proposed subdivision. <br />19. The proposed subdivision is not subject to the City’s park dedication fee. <br /> <br />Variance Findings: <br />20. The proposal is in harmony with the purpose and intent of the Zoning Ordinance as the <br />Ordinance generally allows flexibility for unique situations when impacts to surrounding <br />properties are minimized. <br />21. The proposal is consistent with the Arden Hills Comprehensive Plan as it allows the <br />reasonable use of a residential and commercial property. <br />22. The proposed variance would have no appreciable impact on the site conditions as the <br />parking area in question has already been constructed.