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City Council Direction Denying the Minor Subdivision and Variance . If the Council votes to uphold the Planning Commission recommendation and deny the variance and/or minor subdivision, the reasoning can be based on the findings from the Planning Commission. However, instead of denying both applications, Mr. Findell has requested that the application be remanded back to the Planning Commission for review of the subdivision without the variance. Approving the Minor Subdivision but Denying the Variance If the Council votes to approve the minor subdivisiou but deny the variance, the findings may be based upon the original findings from Staff that supported approving the minor subdivision and the findings from the Planning Commission that supported denying the variance. If the minor subdivision is approved without the variance, Staff recommends the following seven conditions: I. The applicant shall file the minor subdivision with Ramsey County Revenue and Records and shall provide the City with a recorded copy within sixty days of the final approval date. 2. The applicant shall provide a 12 foot drainage and utility easement on the street right-of-way and a 12 foot drainage and utility easement centered on common lot lines. 3. The applicant shall pay a park dedication fee as determined by the City . Council. 4. The structure on the western lot shall be moved to a location that meets all required setbacks of the R-1 Zone, including the front lot setback of 40 feet from the right-of-way. 5. The structure on the western lot shall be moved into a location that meets all required setbacks beforc any building permits are issued for any new structures on either lot except for any permits needed to move the structure into a confonning 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. Approving the Minor Subdivision and the Variance If thc City Council determines that a hardship exists and votcs to approve the variance with the minor subdivision, findings that support approving the variance should be stated and based on the following criteria: 1. The hardship is not a mere inconvenience; II.Metro"inel.uslardenhills\PlanningIPlanning Cases\2006\06-002 Findell minor subdivision and variance (PEND/NG)\022206 CC Reporl- Filldeli Minor Subdivi~.i(Jn & variance. doc Page 3015 .