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