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~ ~~HILLS MEMORANDUM e DATE: July 12,2004 Agenda Item 6.D TO: Mayor and City Council FROM: Peter Hellegers, City Planner @ SUBJECT: PC #04-16, John Finn Minor Subdivision 3331 and 3355 New Brighton Road Requested Action The applicant has requested to subdivide 703 square feet of his property at 3331 New Brighton Road and attach the 703-square foot area to the rear of his brother's property at 3355 New Brighton Road. The 703-square foot area is located along the property line that the two properties share. e In addition, there are some Code Enforcement issues regarding property encroachments which would require the City to either request that the applicant remove the encroachments from City property, or grant the applicant an easement for the encroachments. U Ildate At their July 7, 2004 meeting, the Planning Commission determined that the encroachments should be removed from City property with the exception of a semicircular turning area for the driveway. The turning area was to be reduced from the present configuration to be a curved area which would not encroach on City property any further than five (5) feet. The Planning Commission determined that due to the number of mature trees along the driveway which would otherwise need to be removed; an easement should be granted to the applicant to accommodate the reduced turning area (as previously described). The applicant stated that he would have any encroaching fencing moved and seemed agreeable to the easement area for the driveway. The applicant indicated that he would have the easement description completed. When staff receives the easement description, the City Attorney will draft an easement form which will be presented to the City Council for approval. \\Earth\PJanning\Planning Cascs\2004\04-16 Jon Finn MinOT Subdivision {PENDING)\07-12-04 CC Report.doc Page 1 of2 e