06-25-07 Item 7A, Planning Case 07-014 Plat of Hazelnut Park #3

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The second part ofthe application is a request for a blanket variance to permit all sixteen lots to have a 30 foot front yard setback instead ofthe typical 40 foot setback, which is the normal requirement in the R-3 Zone. A blanket front yard setback variance was approved for the entire Hazelnut Park subdivision in 1983 when this subdivision was first approved in Planning Case 83-001. Both the first and second phases of the subdivision permitted new homes to be constructed at a 30 foot front yard setback. The City Attorney has determined that the original blanket variance approval from 1983 has expired; therefore, the applicants are requesting a new variance to continue the 30 foot front yard setback in the third phase. The applicants have submitted a letter explaining the basis for the variance request (Attachment 3C-l of the report to the Planning Commission). The preliminary/final plat approval is not necessarily contingent upon approval of the variance. However, the variance is contingent upon approval ofthe preliminary/fmal plat. Joint Preliminary and Final Plat Review For the Hazelnut Park #3 subdivision, a separate final plat meeting would probably not add anything productive to the review process. The lots in the proposed subdivision conform to the requirements of the Zoning and Subdivision Codes. Moreover, the applicant will be submitting a developer's agreement with a financial surety to the City for the road, utility, and drainage work that will need to be completed on the property. All drainage and utility easements will be filed when the plat is filed with Ramsey County. The developer agreement, which is included in Attachment 7 A-3, has been reviewed by the City Attorney and the developer. Although the preliminary and final plat process has been combined, the City Council can still table the application ifthere are unresolved questions or other issues. Previous Approvals A preliminary plat and blanket front yard setback variance for the entire Hazelnut Park subdivision, including the phase in this application, was approved by the City in 1983 in Planning Case 83-001. The final plat for the first phase was also approved in 1983. The second phase was approved in 1992. In 1992, the front yard setback variance was considered to still be in effect and, therefore, a new variance application was not required. The proposed third phase in this application is substantial conformance with the approved 1983 preliminary plat; however, the City Attorney has determined that due to changes in the Subdivision Code since 1983, a new public hearing and preliminary plat review is required. Had the preliminary plat still been in effect, only a final plat would have been needed. The Planning Commission held the official public hearing for the preliminary plat, and a second public hearing is not required. \\Metro-inet.uslardenhillsIPlanninglPlanning Cases\2007107-0J4 Hazelnut Subdivision 3 Preliminary Plat -Final Plat. Variance (PC Approval)\062507 - CC Report - Hazelnut Park #3.doc Page 2 of6