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<br />. <br /> <br />e <br /> <br />. <br /> <br />e <br /> <br />Memo to City Council <br />Planning Case #01-27: Preliminary Plat and Variance for Hanlline Preserve <br />Page 5 of? <br /> <br />8. Utilities. The water and sanitary sewer to serve this preliminary plat would need to be <br />extended from Hamline Avenue. The preliminary plat does not contain the proposed <br />utility plan for the preliminary plat. If preliminary plat approval is granted, staff would <br />recommend the applicant supply a proposed utility plan for review prior to receiving final <br />plat approval. <br /> <br />9. Access. Since the property could not support the development of a publicly dedicated <br />street (60 feet for pavement and right of way), the applicant is proposing a private access <br />between the two existing properties off of Hamline A venue. The plans cnrrently identify <br />14 foot wide bituminous access to service the properties. However, the City Fire <br />Inspector has indicated that the Fire Code requires at least 20 feet. Additionally, the City <br />Engineer indicates in his attached memo that "Due to the length, number of properties <br />served and the easement requirements for public utilities, the road should be designated <br />as a public road." Given these, and other comments provided by the City Engineer, the <br />viability of this or most other proposals on the property is questionable. <br /> <br />10. <br /> <br />Park dedication. The preliminary plat provides for no dedication of park land. The Park <br />Service Area map from the comprehensive plan does not show a need for a park on this <br />site. Therefore, the Staff is recommending payment of a park dedication fee in-lieu of the <br />dedication of park land if the preliminary plat is approved. <br /> <br />11. Variance. The Subdivision Ordinance in Section 22-12, (a), of the City Code discusses <br />the grounds for granting a variance from the subdivision regulations. Section 22-12, (a), <br />of the City Code states: <br /> <br />Generally, The City Council may grant a variance from these regulations following a finding <br />that all the following conditions exist: <br /> <br />(1) there are special circumstances or conditions affecting said property such that the strict <br />application of the provisions of this chapter would deprive the applicant of the reasonable <br />use of his land; <br />(2) The variance is necessary for the preservation and enjoyment of a substantial property <br />right of the applicant; and <br />(3) The granting of the variance will not be detrimental to the public welfare or injurious to <br />other property in the territory in which said property is situated. <br /> <br />In making this finding the Council shall consider the nature of the proposed use of land and the <br />existing use of land in the vicinity, the number of persons to reside or work in the proposed <br />subdivision and the probable effect ofthe proposed subdivision upon traffic conditions in the <br />vicinity. In granting a variance as herein provided the Council shall prescribe only such <br /> <br />5 <br />