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Minutes of the Arden Hills Regular Planning Commission Minutes, 10-4-89 <br /> Page 3 <br /> CASE #89-15 Wegleitner advised the slope will be only slightly <br /> steeper in the northeast corner of the pond area. <br /> • Martin questioned if the roadway is centered in the right-of-way. <br /> Bergly stated it does not appear to be centered; there seems to be more <br /> right-of-way on the north portion of the road than the south. <br /> Member Carlson noted the lot appears to be small for building purposes; asked if <br /> variances will be requested. <br /> Wegleitner advised no variances will be requested. <br /> Member Woodburn stated it would be appropriate ro riate at this time for Commission to <br /> advise the applicant no variances will be considered for development on the <br /> property. <br /> Woodburn also referred to the definition of land in the City Subdivision <br /> Regulations; questioned if the lot area requirement would be met, since a portion <br /> of the lot is pond. <br /> Bergly explained past policy indicates a lot can be filled if there is evidence a <br /> of a building site on the land and filling will create a slightly larger building <br /> site. He stated there is sufficient building site without granting variances. <br /> Woodburn suggested the City Attorney be requested to locate a definition in the <br /> subdivision regulations relative to "land" as high ground versus wetland for <br /> future reference. <br /> • Chairman Probst expressed concern relative to this applicant utilizing previously <br /> dedicated easement to establish a building lot; the easement was given as <br /> satisfaction of park dedication. <br /> Bergly explained it is his understanding the easement was not exactly park <br /> dedication rather land that would be set aside for public open space; the <br /> Ordinance does provide for that under park dedication. He further stated the <br /> applicant is creating a different requirement for water storage by changing the <br /> shape of the pond and are willing to make a cash contribution in lieu of park <br /> dedication for utilization of the easement. He also noted this occurred due to <br /> the fact the plat was never filed and the lots were sold separately. <br /> Winiecki questioned how the minimum grade established will be enforced; expressed <br /> concern that the grade elevation requirement may be lost if the property is not <br /> developed for a long period of time. <br /> Wegleitner suggested it be attached as a requirement to secure a building permit <br /> for the site and agreed to meet any other method of establishment Commission <br /> imposes. <br /> Zehm moved, seconded by Winiecki, that Commission <br /> recommend to Council approval of Case #89-15, Minor Subdivision as requested, the <br /> west 284 feet of the east 392 feet of Lot 7, Borstad Addition, subject to the <br /> following . <br /> • 1. The City Engineer approve the engineering aspects of the division, including <br /> drainage, easement and grading. <br /> 2. The City Attorney approve the legal aspects of the division, including <br /> descriptions and filing requirements. <br />