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7.0 PUBLIC HEARING 7.1 No one from the public spoke at the public hearing held on June 4, 2005. Prior to the public hearing, one nearby property owner offered support for the proposal and another expressed some concern over potential conflicts between the proposed RECOMBINATION and private covenants that apply to the property. While private covenants have no bearing on a City Council approval or denial of a land use application, these particular covenants proved to be unrelated to the requested MINOR SUBDIVISION; instead the covenants are limited to the nature and quality of the structures that may be erected on the property. The property owner who brought the covenants to light does not oppose the proposal. 8.0 RECOMMENDATION 8.1 After soliciting input at the public hearing held for this application on June 4, 2008 the Planning Commission voted 6 -0 to recommend approval of the requested VARIANCE and the proposed RECOMBINATION MINOR susDivisloN. 5.2 The Planning Division concurs with the recommendation of the Planning Commission to APPROVE the requested VARIANCE to § 1103.06F (Side Lot Lines) of the City Code and the requested RECOMBINATION at 2045 Loren Road, based on the comments and findings outlined in Sections 5, 6, and 7 of this report and subject to the following conditions: a. Pursuant to § 1013.03 (Time Limitation) of the City Code, the variance shall expire 6 months from the date of the approval if the minor subdivision has not been submitted by the applicant for recording at Ramsey County as described below; b. Within 30 days of the date of City Council approval, quit claim deeds, a final certificate of survey, and new legal descriptions consistent with the proposed recombination minor subdivision reviewed with this application in Attachment E shall be submitted to the Community Development Director for final review, pursuant to § 1104.048 of the City Code; and c. Within 60 days of the review and approval of the quit claim deeds, final certificate of survey, and new legal descriptions by the Community Development Director and City Manager, the applicant shall submit the signed documents to Ramsey County for recording, pursuant to § 1104.048 of the City Code. 9.0 SUGGESTED ACTION 9.1 Adopt a resolution approving a VARIANCE to Section 1103 of the City Code to allow the proposed non - radial realignment of the existing lot line common to Loren Acres No. 1 Lots 3 and 4, Block 1, based on the comments and findings of Section 6 and condition "a" of Section 7 of the project report dated June 16, 2005. A draft resolution is included with this report as Attachment H. 9.2 Pass a motion approving a RECOMBINATION MINOR SUBDIVISION of the property at 2045 Loren Road based on the comments and findings of Section 5 and conditions "b" and "c" of Section 7 of the project report dated June 16, 2005. Prepared by: Bryan Lloyd B: Aerial C: Site photos Attachments: A: Area map photo D: Applicant narrative PF98 -919 RCA 991998.doc Page 4 of 5