CCP 02-13-2006 - Laserfiche WebLink

Home Browse Search

neighborhood character. 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 separate the existing structure and any future structures on the eastem lot. Staff Recommendation In Planning Case #06-002, staff recommends approval of the Minor Subdivision without the Variance 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 recommendation for approval is subject to the following seven conditions: I. 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 providc the City with a recorded copy within sixty days of the final approval date. The restrictivc easement may hc incorporated with the deed for the land or submitted as a separate recordable document and is suhject to approval hy the City Attorney. 3. The applicant shall pay a park dedication fee of six percent of the market value of the land at the time of the final approval of the suhdivision. 4, The structure on the westem lot shall be moved to a location that meets all required . sethacks of the R-l Zone, including the front lot setback of 40 fect from the right-of- way. 5. The structure on the westem lot shall he moved into a location that meets all required setbacks before any building permits are issued for any new structurcs on either lot except for any permits needed to move the stmcture into a conforming location. 6. Any extension of City services for the new lot shall be subject to approval by the City Engineer and all associated costs shall be the responsibility of the applicant. 7. The 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 thc character of the lot and neighborhood. While it is a worthwhile cause to protect mature trecs, the trees are in a location on the lot that could be used for future construction purposes (e.g, a garage expansion or other structural expansion). If the trees are removed for future construction purposes, then the reason for the perceived hardship in this variance application would have been eliminated. Without specific conditions for protection, there is no guarantee the trees will be preserved for perpetuity, Moreover, according to the applicant, it is possihle to move the dwelling into a conforming location without adding City afArden Hills Planning Commission Meeting for February J, 2006 . \\Metro-inel.lls'!arrlenhillsIPlanning\PlfllJning Cases\2006\06-002 Findell minor subdivision and variancdOJ 1806 - PC Report Findell Minor Subdivision & Variance. doc Page 6 of 8