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COUNCIL MINUTES SEPTEMBER 23, 2002 is an acre. However, the survey indicates the existence of a 33 foot right-of-way for the street. If that • is removed from the size of the lot, it is less than one acre in size. Community Development Director Grochala stated in addition to the Associate Planner's comments, additional right-of-way may be required by Anoka County which further supports staff's recommendation to not approve. He suggested that it be determined whether that right-of-way exists to assure that the newly created lot is not less than one acre in size. Councilmember Dahl asked if the size of the right-of-way is taken from the Rural lots. City Attorney Hawkins stated his opinion that it depends on the City ordinance and type of easement it is. At this point, it is not known how County Road J was created. If created through use, there may not be a 33 foot easement. If it is a platted property, then the easement is not considered to be part of the lot. He explained that generally it is not excluded if acquired by quit claim deed or road user. Community Development Director Grochala stated he thinks in thi se the ordinance excludes the right-of-way. Mayor Bergeson noted this application went through the P1.ngnd Zoning Board twice and he does not think staff raised this issue when it was under t '' c • • eration. He stated he is uncomfortable with a new factor being raised at this the process and if it was of concern to staff, it should have been raised at the Planning an• a 'ng • and level so they could take it into consideration. He noted the staff recommendatio . <'d not include this factor. Mayor Bergeson stated another concern is th- _ er two similar requests that were previously approved. He suggested that a solution w fig , ake this lot larger to assure it is one acre in size. Mr. Lindahl stated his deed states it i _ v eres. Community Development Director point but the survey can be corners without the right -of -a; a stated he does not know if it was identified prior to this ding because it shows iron monuments are set at the Councilmember Dahl stated she oncurs with Mayor Bergeson that the ordinance is confusing and needs to be looked at. She noted new ordinances are coming up and asked if this ordinance will be changed with regard to front footage. Associate Planner Gretz stated that part of the proposed subdivision ordinance has not been addressed. In this case, it is a rural lot and City Planner Smyser had suggested reducing it to 200 feet but in this case the proposed lot would still not meet that requirement. Councilmember O'Donnell asked if it is still uncertain whether the right-of-way exists. City Attorney Hawkins stated his opinion that the applicant owns the property down to the quarter line but the questions was raised that the lot area calculation does not include the dedicated right-of-way. Mayor Bergeson asked if the north lot line can be moved to provide for one acre. 24