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Mounds View Planning Commission December 15, 2004 <br />Regular Meeting Page 2 <br />________________________________________________________________________ <br /> <br />4. Citizens Requests and Comments on Items Not on the Agenda <br /> <br />None. <br />______________________________________________________________________________ <br /> <br />5. Minor Subdivision Lot Line Adjustment 8265 and 8281 Spring Lake Road <br /> <br />Community Development Director Ericson explained that the Rudnitski home when constructed <br />was not constructed in accordance with the survey and approved plans and instead of <br />maintaining the five-foot garage setback and ten-foot living space setback, the builder shifted the <br />stakes after the initial inspection which caused the driveway to be built on the property line, the <br />garage at a 1.6 foot setback and the living space at a 5.7 foot setback. He then explained that the <br />Rudnitskis have applied for a lot line adjustment to shift the line to the north along the east line. <br /> <br />Director Ericson indicated that the Council recently gave more leeway on minor subdivisions <br />that do not really intensify the use to allow the City to not require a park dedication fee and Staff <br />is not recommending a park dedication fee in this matter. <br /> <br />Director Ericson asked that another stipulation be added indicating that the applicant shall re- <br />consent to the dedication of a perimeter drainage and utility easement in consideration for the lot <br />line adjustment. <br /> <br />Chair Stevenson asked if anything in the easement to be vacated would be impacted. <br /> <br />Director Ericson indicated he has checked with public works and there would not be an issue. <br /> <br />Commissioner Hegland asked how this happened and how it was brought to light. <br /> <br />Mr. Rudnitski indicated that they discovered it last fall when the neighbors were going to put in a <br />fence. <br /> <br />Chair Stevenson asked what the financial responsibility the builder has taken for this matter. <br /> <br />Mr. Rudnitski indicated he took the builder to conciliation court and the day before the hearing <br />they contacted him and met and they paid him money and settled for the amount he had asked for <br />and hopefully this will cover the purchase of the property and whatever legal fees he will need <br />for this matter. <br /> <br />MOTION/SECOND: Hegland/Scotch. To Approve Resolution 779-04, a Resolution <br />Recommending Approval of a Lot Line Adjustment (Minor Subdivision) Between 8265 and <br />8281 Spring Lake Road as Amended. <br /> <br /> Ayes – 5 Nays – 0 Motion carried. <br /> <br />The Commission commended the residents for working this matter out amicably.