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cannot be delivered to potential buyers of the home. He has requested the adjoining <br />property owners Jim and Deb Schreier to sell him enough property to create a 3 foot <br />setback between the Dolle building wall and a new property line. Jim and Deb Schreier <br />have agreed to this correction and will sell the necessary property (approximately 177 s.f.) <br />to provide enough space for the Dolle building and a 3 foot setback from the property line. <br />Mr. Dolle must also apply for a setback permit to allow for the 3 foot setback instead of the <br />2.3 <br />required 5 foot side yard setback in this developed portion of the community. <br />Jim and Deb Schreier, 3090 Cleveland Avenue North, need no setback permits for their <br />2.4 <br />existing garage located more than 10 feet from the property line since they are required <br />to have a 5 foot side yard setback in this developed portion of the community. <br />Comments And Findings <br />3.0 <br />As shown by the Certificate of Survey, a mistake was made when the Dolle House was <br />3.1 <br />expanded. The house encroaches into the Schreier property by approximately 2.4 feet. <br />Both proper-y owners have agreed to a solution whereby Dolle 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 of land which will transfer <br />ownership. <br />The staff has found that this corrective subdivision can assist both parties since Dolle <br />3.2 <br />cannot sell the property without clear title and Schreier wishes to complete the legal <br />description for his Planned unit Development and will need an accurate property line to <br />accomplish this. <br />4.0Staff Recommendation <br />The staff recommends approval of the minor corrective subdivision in order to accomplish <br />4.1 <br />clearing title and provide an accurate description for the Schreier Planned Unit <br />Development with the following conditions: <br />Mr. Dolle must receive approval for a setback permit for the encroaching building <br />4.1.1. <br />to be set back three feet from the south property line. <br />Mr. Dolle must record, with the Ramsey County Recorder, the approved Certificate <br />4.1.2. <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 />Jim and Deb Schreier must also record the new description and Certificate of <br />4.1.3. <br />Survey for their property within 60 days after Council approval and City Manager <br />review of the survey. <br />Suggested Council Action <br />5.0 <br /> RCA Page 2 of <br /> <br />