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2.3 Ron Dolle, 3096 Cleveland Avenue North, completed a Certificate of Survey in August, 1998, and has found that his building addition extends over the south property line of his property. The building is now considered non-conforming and clear title to the property cannot be delivered to potential buyers of the home. He has requested the adjoining property owners Jim and Deb Schreier to sell him enough property to create a 3 foot setback between the Dolle building wall and a new property line. Jim and Deb Schreier have agreed to this correction and will sell the necessary property (approximately 177 s.f.) to provide enough space for the Dolle building and a 3 foot setback from the property line. 2.3 Mr. Dolle must also apply for a setback permit to allow for the 3 foot setback instead of the required 5 foot side yard setback in this developed portion of the community. 2.4 Jim and Deb Schreier, 3090 Cleveland Avenue North, need no setback permits for their existing garage located more than 10 feet from the property line since they are required b have a 5 foot side yard setback in this developed portion of the community. 3.0 Comments And Findings 3.1 As shown by the Certificate of Survey, a mistake was made when the Dolle House was expanded. The house encroaches into the Schreier property by approximately 2.4 feet. Both propery owners have agreed to a solution whereby Dolle will survey and purchase enough property to provide a 3 foot setback from the encroaching building wall to the new property line. This will include approximately 177 s.f. of land which will transfer ownership. 3.2 The staff has found that this corrective subdivision can assist both parties since Dolle cannot sell the property without clear title and Schreier wishes to complete the legal description for his Planned unit Development and will need an accurate property line to accomplish this. 4.0 Staff Recommendation 4.1 The staff recommends approval of the minor corrective subdivision in order to accomplish clearing title and provide an accurate description for the Schreier Planned Unit Development with the following conditions: 4.1.1. Mr. Dolle must receive approval for a setback permit for the encroaching building to be set back three feet from the south property line. 4.1.2. Mr. Dolle must record, with the Ramsey County Recorder, the approved Certificate of Survey as well as deeds to the property purchased from Schreier within 60 days after Council approval and City Manager review of the survey. 4.1.3. Jim and Deb Schreier must also record the new description and Certificate of Survey for their property within 60 days after Council approval and City Manager review of the survey. PF30n - RCA (03/22/99) - Page 2 of 3