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DORSEY & WHITNEY LLP Planning Commission August 12, 1999 Page 2 townhouses, a variance would need to be granted to the lot size requirement, on the basis of the combined area of the unit lots together with the common area serving those lots. 3. Access. The Preliminary Plat shows no driveways or parking areas. The developer should be required to provide a preliminary plat or site plan which provides this information, sewer, water, easements, drainage, and all other information required under Section 1500.02. The common area in St. Anthony presumably is Lot 3, Block 1, and we have been told that access for all of the lots in both cities will be to Old U.S. Highway 8. 4. Setbacks. The minimum front setback is 30 feet, and the minimum side setbacks are 15 feet each. The rear setback is the greater of 20% of the depth of the "entire lot" or 40 feet. Since the reference to the "entire lot" is intended to apply to an apartment or condominium building on a single lot, the 40-foot rear setback should be used. The setbacks are not shown on the Preliminary Plat and should be added. You will need to determine whether the proposed locations of the townhouses meet the setback requirements, or whether variances should be granted because these are townhouse units rather than apartment or condominium buildings. 5. Floor Areas. You will need to determine whether the townhouse units meet the floor area ratio requirement of 1.0,plus the minimum floor areas in Section 1630.05, Subd. 7. 6. Lot Coverage. The maximum lot coverage is 50%. It appears that this limit is exceeded by all of the units. Again, R-4 is intended for apartment or condominium buildings, and it is difficult for townhouse lots to meet these requirements. 7. Declaration of Covenants. If a conditional use permit for townhouses is granted, one of the conditions must be that the owner is required to prepare and submit to the City for approval a declaration of covenants, conditions and restrictions in a form required under the Minnesota Common Interest Ownership Act, Minnesota Statutes, Chapter 515B. We should review the declaration before the final plat is approved. 8. Easements. Under Section 1500.05, Subd. 2, easements must be provided for utilities and drainage where necessary. The easements must be at least 10 feet wide for utilities and must have continuity of alignment with existing easements. This means that the property should be platted with these easements being dedicated in the plat. The owner or surveyor should show these on the Preliminary Plat.