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ARDEN HILLS PLANNING COMMISSION – October 6, 2021 3 Chair Vijums opened the public hearing at 6:43 p.m. Chair Vijums invited anyone for or against the application to come forward and make comment. There being no comment Chair Vijums closed the public hearing at 6:43 p.m. Commissioner Zimmerman moved and Commissioner Subramanian seconded a motion to recommend approval of Planning Case 21-021 for a Minor Subdivision at 3300 New Brighton Road and 1893 Beckman Avenue based on the findings of fact and the submitted plans, as amended by the conditions in the October 6, 2021, report to the Planning Commission. A roll call vote was taken. The motion carried unanimously (5-0). B. Planning Case 21-023; City of Arden Hills – 3588 Ridgewood Road – Public Hearing Not Required Senior Planner Jagoe stated at the September 8th Planning Commission meeting, the Commission made a motion to table action on this agenda item in order to seek a legal opinion from the City Attorney as to whether or not conditions could be included directing the process of the land sale. Following this action, City Staff contacted the City Attorney to verify the discretion allowed within this review. The City Attorney has confirmed that as established by State Statute the role of the Planning Commission is this instance is limited to determining whether or not the proposed sale is in compliance with the Comprehensive Municipal Plan. The Planning Commission does not have the authority to add conditions to direct the terms of the sale. Senior Planner Jagoe commented also from this meeting, the Commission noted that Ramsey County’s GIS had shown a map label of “Park” on the subject parcel. This label was populated within their mapping layers under Lot Text. City Staff contacted the Assessor’s Office to research prior documentation of park dedication. The County noted that it was possible they had this identifier prior to the City acquiring the land and that the map was never updated, but no formal dedication was found. The City Attorney has reviewed the information and questions raised by the Commission regarding this map label. Their office has confirmed that a statement of purpose for which a property is to be used is not sufficient to create a restrictive use covenant. Such a restriction would have required language within the deed. On August 6th, the City received the completed title report which confirmed there are no deed restrictions prohibiting the City from selling this parcel. Senior Planner Jagoe commented on the request further and provided the Findings of Fact for review: 1. The property at 3588 Ridgewood Road is located in the R-1, Single Family Residential Zoning District. 2. The Arden Hills 2040 Comprehensive Plan has the property guided toward Low Density Residential on the Future Land Use Plan. 3. The subject property is a nonconforming lot. 4. The development of the site for a single family residential dwelling is a permitted use within the R-1 Zoning District.