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

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Variance Findings 11. The blanket ten foot front yard setback reduction is a reasonable use in the R-3 Zone because it continues the style and type of development in other parts of the R-3 Zone. The other parts of the Hazelnut Park subdivision have smaller front yards in favor of larger rear yards. 12. According to the applicant, there are unique circumstances related to the topography and location of the parcel that has created a hardship that warrants approval of the blanket ten foot front yard setback variance. Approving the variance would reduce the impact of the hardship. The applicant has submitted the following findings of fact: 1. The land has steep rear slopes on Lots 1,2,4,5,6, and 7 of Block 1; ll. Wetlands in the rear of Lots 7 and 9 of Block 2; Ill. Lots 1-5 of Block 2 are bordered by the City trail and power line. 13. The ten foot front yard setback reduction would not change the character of the neighborhood. The setback reduction would continue the neighborhood character, in terms of dwelling location, of the Hazelnut Park # I and #2 subdivisions. 14. The variance reduction is not based on economic considerations alone. The request is based on the character and style of the surrounding development as well as topographical and location difficulties. Recommendation The Planning Commission reviewed Planning Case 07-014 and unanimously recommends approval of the preliminary plat, fmal plat, and variance for the plat of Hazelnut Park #3 based on the findings of fact and the submitted plans as amended by the following ten conditions: 1. The applicant shall submit an approved road access permit from Ramsey County to the City before any work begins for the construction of Katie Lane. 2. Any changes to the grading or erosion control plan shall be subject to approval by the City Engineer before any changes are implemented. 3. The applicant shall obtain all necessary permits from the Rice Creek Watershed District, Ramsey County, the Metropolitan Council, the State of Minnesota Department of Natural Resources and any other governing agencies where applicable before the final plat is executed. 4. The applicant shall provide an as-built survey upon completion of the project. 5. The applicant shall submit updated title work prior to the City Council review of the Plat. 6. The developer's agreement shall be reviewed by the City Attorney and approved by the City Council before the City Council executes the Final Plat. 7. The applicant shall supply three new trees for each lot in the subdivision. Credits may be given for lots with existing healthy trees. New coniferous trees shall be at least six feet tall and deciduous trees shall be at least two and one half caliper inches. The plantings may be phased with lot development provided the phasing is included in the development agreement. The applicant shall submit a tree planting plan prior to execution of the final plat. \\Metro-inet.uslardenhillslPlanninglPlanning Cases\2007\07-014 Hazelnut Subdivision 3 Preliminary Plat - Final Plat - Variance (PC Approval)\062507 - CC Report - Hazelnut Park #3.doc Page 4 0[6