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• • ::�' in the aerial photograph included with this report as Attachment B. Because the �,o existing detached garage is a legal nonconformity which would not be created by E� approval of the proposed MINOR SUBDIVISION, Minnesota Statute 462.357 subd. le �,� (Nonconformities) and City Code Chapter 1012 (Nonconforming Uses) would r,'� prevent requiring its removal as a condition of approving the application. .: � The approximate locations of the proposed parcel boundaries are shown in Attachment C. e:� 5.2 Among the Development Review Committee's comments about the application, Public �,:; Works staff identified the following: F; � a. Six-foot-wide utility/drainage easements, shown in Attachment C, are required r:� along the sides and rear of the new parcels, consistent with § 1103.04 (Easements) �'�� of the City Code. This is a Subdivision Code requirement which does not need to ; o be made a condition of approval of this application. � � b. Existing water services are in place to serve the proposed northern and southern i� parcels, but a new service will be needed for the middle parcel. Dedicated water i.= services are required by the City Code for each single-family home, so this does �� not need to a condition of approval. �'�; c. Existing sanitary sewer services are in place to serve each of the proposed parcels ie individually, but the southern parcel would have two services; capping one of the �, services to the southern parcel will be a requirement of the building permitting � t? process and does not need to be made a condition of approval. �� d. Current topography across the property drains most of the storm water onto the �o southern parcel; this will need to be corrected as the parcels are developed, rather ::� than during the MINOR SUBDIVISION review and approval process. �:_ e. An encroachment agreement between the property owner and the City will be �� needed to account for the portion of the garage at 3077 Fairview Avenue which �s�t would stand within the required easement along the southernmost property line. �::� This is a recommended condition of MINOR SUBDIVISION approval. �:; 5.3 According to the procedure established in § 1104.04E, if a MINOR SUBDIVISION application ;; i is approved, a survey of the approved parcels, the new legal descriptions, and any S?�� necessary Quit Claim or Warranty deeds must be submitted for administrative review ��-� within 30 days to verify consistency with the City Council's approval; the approved survey must then be recorded by the applicant with the Ramsey County Recorder. � T 6.O RECOMMENDATION ..._ Based on the comments and findings outlined in Sections 4 and 5 of this report, Planning .: Division staff recommends approval of the proposed M�tvoR suBDivisioN creating a total �.-� of three conforming parcels, consistent with the attached site plan and subject to the _: following conditions: �;�: a. The nonconforming garage on the middle parcel shall be removed by November 26, 2010 and the concrete slab and driveway shall be removed by July 1, 2011; �. and PF07-054 RCA 092710 Page 3 of 4