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Motion: Member Bakeman moved, seconded by Member Traynor, to continue the hearing to February 5, 2003 with provision for a second public notice mailing. Ayes: 5 Nays: 0 Motion carried. b. Planning File 3438: A request by Dennis Humphreys for a Minor Subdivision and Variance to allow a division of land at 331 Burke Avenue. Chair Duncan opened the hearing and requested City Planner Thomas Paschke provide a summary of the project report dated January 8, 2003. Thomas Paschke explained the history of "flag lots" and a proposed ordinance. Dennis & Patricia Humphreys have applied for a 45 foot variance and a minor subdivision to allow their 1.15 acre parcel at 331 Burke Avenue to be divided into two parcels; one with the existing home and the second for a new home to be occupied by the Humphreys. The Humphrey parcel has an existing width of 154.4 7 feet, a depth of 322.5 feet, and a size of 49,817 square feet (1.15 acres). The proposed parcels would have widths of 114 feet for the existing homestead and 40.47 feet for the new parcel; a depth of 160 feet for the existing homestead and a varying depth of 322.5 and 162 feet for the new parcel; and the parcels would have an area of 18,240 square feet for the existing homestead and 31,577 square feet for the new parcel. The parcel created for the existing homestead would provide ample setback from side (15 feet on the west) and rear yards 80+ feet on north). The new parcel creates a "flag lot" that is 40 feet in width, a deficiency of 45 feet to the 85 foot minimum width requirement. However, the new parcel depth and square footage exceed the requirements of the Roseville City Code. The Humphrey parcel is the largest in the neighborhood except for the Minnesota Islamic Cemetery (northeast). The Humphrey parcel is also the only parcel in the neighborhood that can adequately accommodate two residences. The proposed division and proposed home location would have little impact on neighboring properties given the deep lots that lie to the west and north, as well as the home locations along Burke Avenue. The Community Development Staff recommends approval of the request by Dennis & Patricia Humphreys for a 45 foot Variance and Minor Subdivision of property located at 331 Burke Avenue, subject to the conditions indicated in Section 6 of this project report. Chair Duncan asked for clarification of two lots to the east of the Humphrey lots (two landlocked parcels). Chair Duncan asked for concerns regarding running utilities to serve the new parcel. (No, private service to public utilities at right-of-way). Mr. Humphreys stated he was satisfied with content of staff report. He said there is a ponding area to the north and east of his proposed site; it could not be filled in. Rose Anne Pearle, 2112 Hand Avenue (owner of property to the west of the new lot) indicated there will be adequate space from her lot and the pond, and the separation was satisfactory. She was supportive of the proposal. There being no further comments, Chair Duncan closed the hearing. Motion: Member Peper moved, seconded by Member Bakeman, to recommend approval of a 45 foot VARIANCE to Section 1004.02D5 of the Roseville City Code and approval of a MINOR SUBDIVISION of property at 331 Burke Avenue, based on the findings in Section 5 and conditions of Section 6 of the project report dated January 8, 2003 as follows: a. Approval of the Minor Subdivision creating two parcels for the large existing parcel at 331 Burke Avenue, with minimum requirements including: a parcel for the existing home 110 feet by 160 feet deep and a parcel for development of a home with a minimum width adjacent to Burke Avenue of 40 feet. b. The applicant providing the City with a survey of the new parcels with their legal descriptions and illustrating the existing house and other site improvements.