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3-7-90 . Minutes of the Arden Hills Regular Planning Commission Meeting, Page 2 CASE 1188-04 (Cont'd) Bergly stated the shed located east of the existing home will have to be removed, as it appears to infringe on the. setback. He advised no other variances will be necessary. Probst also questioned if the mature trees on the newly-created lot will be removed if no variances are granted. Bergly noted the applicant has submitted a plan for the home to be constructed on the newly-created lot; it appears the home will be constructed without removal of any mature trees. Member Winiecki questioned the park dedication requirement. The Planner stated the staff and Council have discussed proposing a fee for park dedication for each newly-created lot in the City. He explained this will eliminate the negotiating for a park dedication fee; newly created residential building sites create the need for parks. Bergly advised several small divisions of land over the last few years have required park dedication fees. Member Martin noted the person drafting the proposed sewer easement should be advised that typically there would be a clause to the effect that the sidelines are extended or contracted to meet with the lot lines. Bergly advised the County indicated to the Engineer they prefer the easements not be shown on the plat and therefore the easements are shown on a separate document. Member Woodburn questioned if the park dedication is changed it must be in . conformance with State law. He suggested an AttorneyTs opinion be solicited. Bergly stated it is his understanding that the State interpretation is that a 10 percent dedication is an equitable amount of land to be given for dedication; the biggest issue is how to determine the value of the land. He will refer the question to the City Attorney. Carlson moved, seconded by Martin, that Commission recommend to Council approval of Case #88-04, Lot Division of platted lot of record (Munsons Subdivision) Lot 3, Rohlederls Horne and Garden Addition, at 1960 West County Road E-2, John Robinson, subject to the following conditions: L Successful transfer of the excess right-of-way to Mr. Robinson and reimbursement to the City of Costs incurred in the review process. 2, Receipt and acceptance of the easement documents by the City prior to issuance of the building permit for Lot 2. 3. That no yard (building setback) variances be allowed when the house on the lot~is constructed. 4. Satisfaction of the park dedication requirements for an additional home site. 5. That the existing shed which does not conform to setback requirements be removed. Motion carried. (Carlson, Martin, Probst, McGraw, Winiecki and Woodburn voting in favor; Piotrowski opposed) (6-1) .