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~ . ~ ARDEN HILLS CITY COUNCIL - AUGUST 31, 1998 19 Councilmember Malone commented on the importance of an understanding to assure the new homeowner does not change elevations that creates problems which ends up costing tax dollars to resolve. He supported fixing these issues now to assure there are no problems in the future. Mr. McClung statcd if the easement line is left as it is, the homeowner could fill up to that line, with permission from the Rice Creek Watershcd District. He stated if the elevation can be raised to 916.3, he could avoid having to make the cut. Councilmember Malone inquired regarding the elevation of Mr. Pignatello's (1556 McClung Drive) basement. Mr. McClung stated the elevation is 919 so there should not be a problem with floodiug. Mayor Probst asked if a new legal description would be needed. Mr. Ringwald stated that is correct and could be a condition of approval with staff reviewal. Councilmember Malone asked if this places the future buyer in a situation with regard to needing a permit from the Rice Creek Watershed District. Mr. Ringwald explained the property owner can till up to 400 square feet per year through an administrative permit from the Rice Creek Watershed District. He stated he would like to see this occur now to the maximum buildability cxtent possible. Mr. McClung asked ifhe should apply to the Rice Creek Watcrshed District to fill 400 square feet. Mr. Ringwald stated he believes this would be appropriate. Mayor Probst suggested that fill calculation be subject to review by the City Engineer. MOTION: Councilmember Larson moved and Councilmember Malone seconded a motion to approve Planning Case #98-17, Minor Subdivision of Outlot A, McClung First Addition, easement vacation and variances (lot depth and area) on Parcel B based on the Findings - Lot Depth Variance (Parcel B) and Findings - Lot Area Variance (Parcel B) sections of the staff report dated July I, 1998, subject to the following conditions: I. Payment of appropriate park dedication fee prior to recording of subdivision; Provision of calculations, in a form acceptable to the City Engineer, determining the appropriate size of the replacement area for the easement area which is to be vacated; Provision of drainage and utility easement in a form acceptable to the City Attorney prior to consideration of this request by the City Council; Informing the buyer(s) of Parcel A and B, by thc applicant, of the restrictions imposed by the drainage easemcnt in potential building expansion or deck construction; Recording the subdivision in the form of a Registered Land Survey; Provision of the necessary drainage and utility easements along the property lincs, as required by the City Code, in a form acceptable for filing with Ramsey County; 2. 3. 4. 5. 6.