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l\1enlo to Pla1llling C01nmission Planning Case #02-07: Preliminary Plat and Variancc Page 4 of 6 . access drive, which would ultimately split. Under this scenario, it will be necessary to provide a perpetual private ingress/egress easement for Parcel B. 10. Park dedication. The preliminary plat provides for no dedication of park land. The Park Service Area map from the Comprehensive Plan does not show a need for a park on this site. Accordingly, staff is recommending payment of a park dedication fee in-lieu of the dedication of park land. 11. Variance. The subdivision regulations in Chapter II of the City Code discuss the grounds for granting a variance from the subdivision regulations. Section 1105.01 of the City Code states: Subd. 1. The City Council may grant a variance from these regulations following a finding that all the following conditions exist: (1) there are special circumstances or conditions affection said property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land; (2) The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant; and (3) The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated. . Subd. 2. In making this finding the Council shall consider the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. In granting a variance as herein provided the Council shall prescribe only such conditions that it deems desirable or necessary to the public interest. The applicant is specifically requesting platting varianees for a private access drive for Parcel B, and for a reduced accessory structure setback created as a result of the new lot line. Given the fact that only one lot will be served with the private access, this does not appear to be problematic. The Zoning Code limits setbacks for accessory structures, such as garages, to 10 feet from the property line. With the creation of a new lot line, the existing garage on Parcel A will be 8 feet from the property line for Parcel B making it non-conforming. Given the fact that 5 foot setbacks are allowed in other residential districts, and the property adjacent to the existing garage is essentially driveway for Parcel B, this does not appear to be problematic. 4 .