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frontage). The uniqueness is not defensible. The plight of the landowner is not a defensible reason to approve. The house could be moved or torn down. The parcel can be put to a reasonable use without a variance. Chair Mulder asked if the restrictions on the title prohibited two story houses. (no answer). Marie Churchward, and Vern Albertson, spoke on history of the lot. Member Blank asked if the minor subdivision was necessary because of realtors or Albertson's plan. Vern Albertson responded that realtors asked "buildable lot" questions. Member Stone asked when 85', 11,000 square foot standards were created (1959). She asked if the garage could be placed in the rear like the "Liberty on the Lake" subdivision. Conditions could be added to place the driveway along the north lot line. Chair Mulder closed the hearing. Chair Mulder said the 69 foot lot frontage variance does not have a lot variance hardship, but that the lot (with odd shape) could be created as a legal conforming lot. The 16' odd shaped frontage hardship is the hardship. Thomas Paschke indicated the Community Development Staff recommended approval of a 16 foot Variance to Section 1004.016 of the Roseville City Code and a Minor Subdivision in accordance with Section 11 04.04E of the Roseville City Code for Vernon Albertson to allow the creation of a 69 foot wide by 200 foot deep parcel adjacent to (south) 3103 Asbury Street, based on the findings in Section 5 of the project report dated April 7, 2004 and the following conditions: a. A detailed grading plan with the building slab or first floor elevation and existing and proposed contours must be submitted to the City Engineer for review and approval prior to building permit issuance for Parcel B. b. The City policy is to accept park land or cash in lieu of land dedication for the creation of new lots. In this case no park is planned near of on this site; therefore, cash will be accepted in lieu of parkland dedication. The dedication fee is $1000.00 for the newly created Parcel B. The fee will be collected prior to issuance of a building permit on said Parcel B. c. The City policy is to require payment of the Metro Area Sewer Availability Charge (SAC) upon the issuance of a building permit. In this case, a SAC fee is required and will be collected with the issuance of a building permit for Parcel B. d. The applicant must record the two lot minor subdivision within 60 days after the approval of the City Council. e. No Setback Permit or Variance may be issued for Parcel "B" regarding the placement of a home on the parcel. Motion: Member Mulder moved, seconded by Member Bakeman, to recommend denial of the 16 foot lot frontage variance on the grounds that a hardship does not exist and the property can be put to a reasonable use without the variance. Member Stone said the applicant can subdivide by Code, yet future land owners could return asking for a 69 foot lot. Chair Mulder explained the uniqueness of a future request wherein the lot changes shape. Member Bakeman explained the character of the neighborhood is changing with this variance. The variance is not necessary for the usefulness of the property. She will vote in favor of the motion. Member Ipsen asked what the courses are for the applicant (two courses: withdraw the variance and subdivide, or, request variance reversal and subdivision). Member Traynor will not support the variance because land can be put to reasonable use without variance. Ayes: 5, Traynor, Bland, Ipsen, Mulder, Bakeman Nays: 1, Stone Motion carried: 5-1. Motion: Member Mulder moved, seconded by Member Blank, to recommend denial of the request to create a 69 foot minor subdivision as per PF3556 (Vern Albertson, 3103 Asbury Street) because it does not conform to Code requirements for a buildable lot. Member Stone explained that this motion should not taint the proposal to come forth with an 85' legal conforming subdivision proposal. Ayes: 6 Nays: 0