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Item No: 5 Meeting Date: December 15, 2004 Type of Business: Business City of Mounds View Staff Report To: Mounds View Planning Commission From: James Ericson, Community Development Director Item Title/Subject: Consideration of a Lot Line Adjustment (Minor Subdivision) Between 8265 and 8281 Spring Lake Road; Planning Case MI04-002 Introduction: Neil and Jill Rudnitski, property owners of 8265 Spring Lake Road, have applied for a lot line adjustment (Minor Subdivision) for the north property line shared with 8281 Spring Lake Road. The Rudnitski home, which was constructed in 1998, was not constructed in accordance with the survey and approved plans. Rather than maintaining the five-foot garage setback and ten- foot living space setback, the builder shifted the stakes after the initial inspection which caused the driveway to be built on the property line, the garage at a 1.6 foot setback and the living space at a 5.7 foot setback. The adjoining property owners (Ken and Michelle Mackey) did not notice the encroachment and staff had no reason to believe the staked location had been altered upon construction. At some point, the property owners of 8281 and 8265 Spring Lake Road realized the discrepancy and came to an agreement to shift the lot line to the north to correct the setback deficiency. Using the northwest corner as an anchor, the lot line is proposed to pivot eight feet to the north along the east line, as indicated on the attached boundary exhibit prepared by Pioneer Engineering. In so doing, the house and garage achieve setback conformity. Discussion: According to the Mounds View City Code, a minor subdivision is a division of land less than two acres in area in which only one additional lot is created. The definition also includes lot line adjustments, even though no new lots (such as with this request) may be created by the adjustment. Both lots are zoned R-1, Single Family residential and the minimum lot size for an interior lot (8281 Spring Lake Road) is 11,000 while the minimum lot size for a corner lot (8265 Spring Lake Road) is 12,500 square feet. The Comprehensive Plan designates this area for low density residential. The Rudnitski property is currently 17,424 square feet. The proposed lot line adjustment would add an additional 872 feet to the Rudnitski property, bringing it to 18,296 square feet. The adjoining property, owned by Ken and Michelle Mackey, would be decreased to 20,908 square feet, well in excess of the minimum requirement for an interior lot. After the adjustment, the shared lot line is shifted 3.5 feet closer to the Mackey’s home resulting in a 12.5 setback to the Mackey garage. Park Dedication Requirements Every subdivision of land is ordinarily subject to park dedication requirements. The City Council adopted Ordinance 745 earlier this year however which provided for some flexibility in determining what—if any—dedication would be required. Because no new lots are created by this subdivision and no additional development would occur, no dedication will be required.