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3008/3016 County Road J Minor Subdivision <br />February 16, 2005 <br />Page 2 <br /> <br />Conforming Driveway <br />Section 1104.01, Subdivision 4(b) of the Zoning Code states that driveways must be located at <br />least five (5) feet from the property line. As proposed, the lot line adjustment would cause the <br />majority of the driveway to be located on the property that it serves, however, the driveway <br />would not meet the five (5) foot setback and would actually still be across the shared lot line in <br />one place. Staff is recommending that the City require the applicant to bring the driveway into <br />conformance no later than May 1, 2005. Because the applicant is planning to sell the home <br />soon, Staff would also recommend that the City require money to be placed in escrow to ensure <br />that the driveway is made compliant. If the property is sold prior to the driveway being made <br />compliant, it may be more difficult to get the future property owner to follow through with that <br />stipulation. Because the driveway is dirt, bringing it into compliance would basically mean <br />planting grass in the setback area. <br /> <br />Park Dedication Requirements <br />Every subdivision of land is ordinarily subject to park dedication requirements, however, the City <br />Council adopted Ordinance 745 in 2004, which provided for some flexibility in determining <br />what—if any—dedication would be required. Because no new lots are created by this <br />subdivision and no additional development would occur, Staff recommends that no park <br />dedication fee be required. <br /> <br />Easements <br />Usually with every subdivision of land, the City requires that drainage and utility easements be <br />dedicated around the perimeter of the lot. Given that both of these lots are pre-existing and <br />that just one of the lot lines is being adjusted, dedication of easements will not be required. <br /> <br />Public Notice. <br />Public notice is not required for this request. Given that no new development will occur, a <br />public hearing or public notice was not warranted. <br /> <br /> <br />Recommendation: <br />Staff recommends that the Commission approve Resolution 785-05, a resolution <br />recommending approval of a lot line adjustment (minor subdivision) between 3008 and 3016 <br />County Road J, with conditions. <br /> <br />Respectfully submitted, <br /> <br /> <br />Kristin Prososki <br />Planning Associate <br /> <br />Attachments: <br />1. Planning Application <br />2. Zoning Map <br />3. Photographic Documentation <br />4. Resolution 785-05 <br />5. Certificate of Survey (Separate Attachment)