08-03-1988 Planning Commission Agenda-Minutes

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Minutes of the Arden Hills Regular Planning Commission Meeting, August 3, 1988 Page 6 CASE #88-27 (Cont'd) Moved by Meury, seconded by Petersen, that Planning Commission defer any action on the request for a Temporary-Special Use Permit as outlined in Case #88-27. Motion carried • unanimously. (6-0) CASE #88-04; LOT Planner Bergly advised this matter was tabled at the SPLIT, 1960 W. CO. 3-2-88 Commission meeting, pending potential State RD. E-2, ROBINSON legislation that would allow the County to sell a portion of the property in the highway right-of-way back to the adjacent land owner. The proposed legislation was not approved, but will be presented to the legislature again in the next session. Bergly advised Paul Kirkwold, Deputy Director and Assistant County Engineer for Ramsey County, indicated to him that the County has no intention of ever using the right-of-way and that they will continue their attempts to dispose of the excess right-of-way; the County would attempt to maintain 43 feet, as shown on the Elseth survey. Bergly stated the Commission would be considering granting a variance in a location where the house would ordinarily be located if the lot were squared off by the purchase of the right-of-way. It would require a setback variance of 14 ft. as well as a 900 sq. ft. lot area variance. The Planner has discussed this matter with Attorney Lynden relative to the proposed lot split; it was Lynden's opinion the hardship would be the legal technicality which prevents the legal exchange of property and he expressed no concerns relative to the application. There was discussion regarding the actual ownership of the property; Robinson stated his attorney had researched the title and provide a written statement which indicates the right-of-way property was under the fee ownership of the applicant and that the County retains an easement over the property. Commission also discussed the building envelope on the property and the possibility of modification of the land by filling to accommodate the home construction. Member Piotrowski pointed out that if variances were required the Board of Appeals should review the application and make recommendation to Council for approval or denial. After further discussion it was the general consensus of the Commission members to request the Village Attorney and Robinson's Attorney review and reach an agreement as to the legal boundaries of the property. Commission recommended the applicant submit a sketch of the building location, a topographical map which outlines the drainage pattern of the land, any proposal for fill in conjunction with building and a legal description of the property. Moved by Meury, seconded by McGraw, that Case #88-04, Lot Split at 1960 West County Road E2, be tabled until such time as the following information is received and compiled for submission by the applicant: 1. Written opinion of the Village Attorney and Mr. Robinson Attorney which advises they are in agreement as to the ownership and legal boundaries of the above mentioned property. 2. A diagram outlining the building location for construction of a home on the property. 3. A request for any variances which would be required for submission to the Board of Appeals for their review and recommendation. 4. A topographical map which outlines the drainage pattern on the land and any proposed modification of the land by fill. 5. A legal description of the property Motion carried unanimously. (6-0