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CCP 02-13-2006
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CCP 02-13-2006
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<br />neighborhood character. The development on the properties will be similar in style to <br />other properties within the subdivision. While the existing structure will encroach on <br />the side setback, the easement will help the properties meet the spirit of the ordinance . <br />with approximately 25 feet separate the existing structure and any future structures on <br />the eastem lot. <br /> <br />Staff Recommendation <br /> <br />In Planning Case #06-002, staff recommends approval of the Minor Subdivision without the <br />Variance after making a finding that the proposed subdivision meets City standards and will not <br />have an adverse impact on the surrounding properties or on the community as a whole. The <br />recommendation for approval is subject to the following seven conditions: <br /> <br />I. The applicant shall file the minor subdivision with the Ramsey County recorder and <br />shall provide the City with a recorded copy within sixty days of the final approval <br />date. <br />2. The applicant shall file the 21 foot drainage and utility easement with the Ramsey <br />County and shall providc the City with a recorded copy within sixty days of the final <br />approval date. The restrictivc easement may hc incorporated with the deed for the <br />land or submitted as a separate recordable document and is suhject to approval hy the <br />City Attorney. <br />3. The applicant shall pay a park dedication fee of six percent of the market value of the <br />land at the time of the final approval of the suhdivision. <br />4, The structure on the westem lot shall be moved to a location that meets all required . <br />sethacks of the R-l Zone, including the front lot setback of 40 fect from the right-of- <br />way. <br />5. The structure on the westem lot shall he moved into a location that meets all required <br />setbacks before any building permits are issued for any new structurcs on either lot <br />except for any permits needed to move the stmcture into a conforming location. <br />6. Any extension of City services for the new lot shall be subject to approval by the City <br />Engineer and all associated costs shall be the responsibility of the applicant. <br />7. The applicant shall comply with applicable provisions of the City Code and related <br />ordinances. <br /> <br />It is open to interpretation if a true hardship exists in this case. Protecting trees and green space <br />is important for thc character of the lot and neighborhood. While it is a worthwhile cause to <br />protect mature trecs, the trees are in a location on the lot that could be used for future <br />construction purposes (e.g, a garage expansion or other structural expansion). If the trees are <br />removed for future construction purposes, then the reason for the perceived hardship in this <br />variance application would have been eliminated. Without specific conditions for protection, <br />there is no guarantee the trees will be preserved for perpetuity, Moreover, according to the <br />applicant, it is possihle to move the dwelling into a conforming location without adding <br /> <br />City afArden Hills <br />Planning Commission Meeting for February J, 2006 <br /> <br />. <br /> <br />\\Metro-inel.lls'!arrlenhillsIPlanning\PlfllJning Cases\2006\06-002 Findell minor subdivision and variancdOJ 1806 - PC Report Findell Minor <br />Subdivision & Variance. doc <br /> <br />Page 6 of 8 <br />
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