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neighborhood charactcr. The development on the properties will be similar in style to other properties within the subdivision. While the existing structure will encroach on . the side setback, the easement will help the properties meet the spirit of the ordinance with approximately 25 feet separatc thc cxisting structure and any future structures on thc cast em lot. Staff Recommendation In Planning Case #06-001, staff recommends approval of the Minor Subdivision without the Variancc after making a finding that the proposed subdivision meets City standards and will not have an adverse impact on the surrounding properties or on the community as a whole. The recommcndation for approval is subject to the following seven conditions: 1. The applicant shall file the minor subdivision with the Ramsey County recorder and shall provide the City with a recorded copy within sixty days of the final approval date. 2. The applicant shall file the 21 foot drainage and utility easement with the Ramsey County and shall provide thc City with a recorded copy within sixty days of the final approval date. The restrictive easement may be incorporated with the deed for the land or submitted as a scparate recordable document. 3. The applicant shall pay a park dedication fcc of six pcrccnt of the market value of the land at the time of the final approval of the subdivision. 4. The structure on the western lot shall be moved to a location that meets all requircd setbacks of the R-l Zone, including the front lot setback of 40 feet from the right-of~ . way. 5. Thc structure on the wcstem lot shall be moved into a location that meets all required setbacks before any building permits arc issued for any new structures on either lot except for any permits needed to move the structure into a conforming location. 6 Any extension of City serviccs for the new lot shall be subject to approval by the City Enginecr and all associated costs shall be the responsibility of the applicant. 7. Thc applicant shall comply with applicable provisions of the City Code and related ordinances. It is open to interpretation if a true hardship exists in this case. Protecting trees and green space is important for the charactcr of the lot and neighborhood. While it is a worthwhile cause to protect mature trees, the trees are in a location on the lot that could be uscd for future construction purposes (e.g. a garage expansion or other structural cxpansion). If the trees are removed for future construction purposes, then thc rcason for the perceived hardship in this variance application would havc been eliminated. Without specific conditions for protection, there is no guarantee the trees will be preserved for perpctuity. Moreover, according to the applicant, it is possihle to move the dwelling into a conforming location without adding elly ojArden Hills Planning Commission Jl1eetingjor Februmy /, 2006 dMerro-illel,lIslardenhilfs\Pianning'Plllnning Cases',2006106-002 FilUleli minor subdfvisiofl and variau(vl()f /806 Findeil "Wino!" Subdivision & . Variance Report!O PCdoc Page 6 of 8 ----- - ----