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project, the Building Official discovered that the fence and a portion of the pool crossed the <br />rear property line and encroached on the parcel to the south. The parcel to the south is <br />owned by the City. It has a trail that runs east to west that is ten feet to the south of the <br />existing fence and approximately 20 feet to the south of the existing property line. The <br />parcel is also adjacent to the Boston Scientific Campus and is currently zoned Industrial. <br />When the encroachment was discovered, Staff contacted the record owner of 1330 Indian <br />Oaks Circle and informed that owner of the situation. Over the next year, that property was <br />sold and the City attempted to contact and work with the new property owner, with little <br />success. In early 2007, that property was foreclosed. At about the same time the City <br />commenced a lawsuit against the then current record owner. Upon the completion of the <br />foreclosure, the complaint in the lawsuit was amended to add the mortgagee as the current <br />owner. Settlement discussions were initiated, which discussions resulted in a tentative <br />settlement. That tentative settlement has been approved by the City Council. The tentative <br />settlement requires the City to subdivide the portion of land owned by the City over which <br />the encroachment has occurred, and consolidate it with the property at 1330 Indian Oaks <br />Circle. The City would then convey the subdivided land to the current owner. In return, the <br />current owner will pay the City $259000. <br />As part of the application, the portion of the land that is to be consolidated must be rezoned <br />from Industrial to Single Family Residential. The result of the subdivision and lot <br />consolidation will be to eliminate the pool and fence encroachment and bring the property <br />located at 1330 Indian Oaks Circle into conformance with the Zoning Code. No variances <br />are required or would be needed for the subdivision or lot consolidation. Other than the <br />encroachment, the property at 1330 Indian Oaks Circle meets all other zoning requirements. <br />2. Site Data — PID #22-30-23-42-0007 <br />Industrial <br />Right -of -Way <br />I-1: Limited Industrial District <br />::::..::.:.::.::.::.::.::::.::.::.:::.:.:::::::::::.:::.::.:...::::::::::.:::.::.:;:::.:;::.::.::.::.::.;::.:::::::::::::::...:.::::.:::.:.::::::::::.::.:: <br />::.::...::::::::::::::::::::::::::.::::.::......:.:::.:.::.:::.:......:::::::::::::::::::::::::::::::::.::.::::.::.::.::.::.::.:::::::::::: 1.6 <br />7 acres 72 745 square feet <br />q <br />The property �Y generall slopes down toward the water <br />3. Site Data —1330 Indian Oaks Circle <br />City of Arden Hills <br />Planning Commission Meeting for August 6, 2008 <br />IlMetro-inet.uslardenhillslPlanninglPlanning Cases 12008108-019 Arden Hills Minor Subdivision, Lot Consolidation, Rezoning (Pending) 1080608 <br />-PC Report - Subd, Consolidation, Rezoning.doc <br />Page 2 of 6 <br />