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2.3 Mr. Rolle must also apply for a setback permit to allow for the 3 foot setback instead of the <br /> required 5 foot side yard setback in this developed portion of the community. <br /> 2.4 Jim and Deb Schreier, 3090 Cleveland Avenue North, need no setback permits for their <br /> existing garage located more than 10 feet from the property line since they are required <br /> to have a 5 font side yard setback in this developed portion of the community. <br /> 3.0 Comments And Findings <br /> 3.1 As shown by the Certificate of Survey, a mistake was made when the Rolle House was <br /> expanded. The house encroaches into the Schreier property by approximately 2.4 feet. <br /> Both propery owners have agreed to a solution whereby Rolle will survey and purchase <br /> enough property to provide a 3 foot setback from the encroaching building wall to the new <br /> property line. This will include approximately 177 s.f. of land which will transfer <br /> ownership. <br /> 3.2 The staff has found that this corrective subdivision can assist both parties since Rolle <br /> cannot sell the property without clear title and Schreier wishes to complete the legs <br /> description for his planned unit Development and will need an accurate property line to <br /> accomplish this. <br /> 4.0 Staff Recommendation <br /> 4.1 The staff recommends approval of the minor corrective subdivision in order to accomplish <br /> clearing title and providing an accurate description for the Schreier planned Unit <br /> Development with the following conditions. <br /> 4.1-1. Mr. Rolle must complete an application and pay appropriate fees for both the <br /> setback permit($25) and the minor subdivision($100). <br /> 4.1.2. Mr.Rolle must apply for and receive a setback permit for the encroaching building <br /> to be set back three feet from the south property lime. <br /> 4.1.3. Mr. Rolle must record,with the Ramsey County Recorder,the approved certificate <br /> of Survey as well as deeds to the property purchased from Schreier within 60 days <br /> after Council approval and City Manager review of the survey. <br /> 4.1.4. Jim and Deb Schreier must also record the new description and Certificate of <br /> Survey for their property within 60 days after council approval and City Manager <br /> review of the survey. <br /> 5.0 Suggested Council Action <br /> 5.1 By resolution approve the minor corrective subdivision proposed by Rory Dolle and,dim and <br /> Deb Schreier. <br /> Attachments: Resolution;Location rnap;Letter from R.F.Carlsun;Certificate of survey <br /> Prepared by: Dennis Welsch(490-2232) <br /> Q\Planning Files\3072_ao11e1R A(022299).doc <br /> FF3072-RCA(02/22/998)-Page 2 oft <br />