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PLANNING FILE 11-009 <br />1 <br />Request by Jason Westad, Joan Blanchard, Jacqueline Stiehl, Sarah Dahlke, Annette Walker, and Ramsey <br />2 <br />County for approval of a COMPREHENSIVE LAND USE PLAN MAP CHANGE, ZONING MAP CHANGE, AND <br />3 <br />RECOMBINATION MINOR SUBDIVISION at 986 Millwood Avenue, 2961 Chatsworth Street, 2967 <br />4 <br />Chatsworth Street, 2983 Chatsworth Street, and 2991 Chatsworth Street <br />5 <br />Chair Gisselquist opened the Public Hearing for Planning File 11-009 at 6:45 p.m. <br />6 <br />Associate Planner Lloyd summarized the request as detailed in the staff report dated May 1, 2013; noting that <br />7 <br />action taken on plat proposals was quasi-judicial, with the City’s role to determine facts associated with the <br />8 <br />request and apply those facts to legal standards contained in State Statute and City Code. <br />9 <br />Mr. Lloyd reviewed these residential properties immediately adjacent to Ramsey County Open Space at Lake <br />10 <br />Josephine County Park and how the read setbacks had blurred over time, with residential landscaping, play <br />11 <br />structures and storage sheds inadvertently encroached into park property. Mr. Lloyd noted that this application <br />12 <br />sought to correct his situation by trading a portion of the southernmost residential property to the park (986 <br />13 <br />Millwood Avenue) in exchange for an equivalent amount of land from the park to be distributed among those <br />14 <br />residential properties. Mr. Lloyd noted this realignment was further addressed in Section 4.3 of the staff report; <br />15 <br />essentially moving property boundaries 11’ to the west. However, Mr. Lloyd advised that this would require <br />16 <br />changes to the City’s Comprehensive Land Use and Zoning Maps. <br />17 <br />Member Daire sought information on the street right-of-way and current ownership; with City Engineer Debra <br />18 <br />Bloom clarifying that the right-of-way would remain dedicated to the City as public right-of-way in public domain, <br />19 <br />for potential use for utilities, pathways, or roadways. However, Ms. Bloom advised that there was no intention for <br />20 <br />this right-of-way, at Churchhill Street and Millwood Avenue to be used due to existing wetlands and drainage in <br />21 <br />that area. Ms. Bloom advised that there had been some preliminary discussion on whether or not to provide for a <br />22 <br />soft or hard trail for park access, but nothing had materialized at this point. <br />23 <br />At the request of Member Stellmach on how closely the 11’ was currently being used as residential, Mr. Lloyd <br />24 <br />responded that his discussions with Ramsey County staff indicated various levels of encroachment. Mr. Lloyd <br />25 <br />advised that, with the intent of that property line not disappearing in the future, measures would be taken by <br />26 <br />Ramsey County to delineate the property line, with stakes/signs indicating park land beyond a certain point, but <br />27 <br />not a fence installation. <br />28 <br />Jason Westad, 986 Millwood Avenue <br />29 <br />Mr. Westad noted that he was the property owner giving up land at the southern portion of his parcel; and thanked <br />30 <br />Commissioners for tonight’s hearing. Mr. Westad advised that this had been a long process, over 2.5 years, and <br />31 <br />costing considerable money for surveys and appraisals. Mr. Westad noted that Ramsey County had given their <br />32 <br />written approval, with the final step being City approval for the recombination. <br />33 <br />Mr. Westad thanked the Commission for their consideration, and concurred with staff’s report. Mr. Westad noted <br />34 <br />that this encroachment had occurred over the last 2-3 decades, with many property owners assuming the area <br />35 <br />was part of their land; and opined that this seemed to be the best way to make five property owners happy. <br />36 <br />At the request of Member Murphy, Mr. Westad advised that his father-in-law built the current home at 986 <br />37 <br />Millwood Avenue in 1976, and used some of the property for a hockey rink for many years. Upon Mr. Westad’s <br />38 <br />purchase of the home from his father-in-law, and a deer feeder located in the area, with Ramsey County doing a <br />39 <br />deer count and finding the encroachment(s), this had precipitated tonight’s request. Mr. Westad opined that this <br />40 <br />appeared to be a favorable solution for all, with neighbors having shared in the cost of appraisals to achieve <br />41 <br />resolution. <br />42 <br />Chair Gisselquist provided an opportunity for other co-applicants to speak, but of the three (3) property owners <br />43 <br />represented, none chose to come forward. <br />44 <br />Chair Gisselquist closed the Public Hearing at 6:59 p.m.; no one appeared for or against <br />45 <br />Member Olsen spoke in support of the proposal, opining that it was a win/win for all property owners; and <br />46 <br />expressed his appreciation to see a neighborhood collaborate on a good solution for all parties concerned. <br />47 <br />MOTION <br />48 <br />Member Olsen moved, seconded by Member Daire to recommend to the City Council APPROVAL of the <br />49 <br />proposed COMPREHENSIVE LAND USE PLAN MAP CHANGE, ZONING MAP CHANGE, AND <br />50 <br />RECOMBINATION MINOR SUBDIVISION at 986 Millwood Avenue, 2961 Chatsworth Street, 2967 <br />51 <br />Chatsworth Street, 2983 Chatsworth Street, and 2991 Chatsworth Street; based on the comments and <br />52 <br />findings of Sections 4-6 and the recommendation of Section 7 of the staff report dated May 1, 2013. <br />53 <br /> <br />