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Planning Commission Meeting Minutes June 15, 1999 • Page 5 1 Ms. Moore-Sykes stated she was approached by Mark Gibbs, 2621 Lowry Avenue, with regard 2 to the combination of 2 lots for construction of a garage. She added both lots are non- 3 conforming lots. 4 5 Ms. Moore-Sykes stated she reviewed the issue with City Attorney William Soth who indicated 6 the request is not a subdivision and therefore a public hearing need not be held, and the 7 Commission's approval was requested. 8 9 Ms. Moore-Sykes reviewed Mr. Soth's letter of June 10, 1999,which clarifies that the owner's 10 purchase agreement restricts the lots from ever being split again due to their non-conforming I 1 size, and requests the mortgage company's compliance. She noted that Mr. Gibbs is anxious to 12 move forward with this request and secure a low interest rate on his mortgage. 13 14 Bergstrom asked whether the lots could be replatted as 1 lot. Ms. Moore-Sykes stated that would 15 be an unnecessary process as the restrictions will be attached to the property title. 16 17 Bergstrom stated as the City Attorney is comfortable with this arrangement, and as he drafted the Declaration of Restrictions, the Commission would support the request. 20 3. Review Proposed Park Dedication Ordinance. 21 Ms. Moore-Sykes stated the City has recently felt the need for continued funds for parks 22 redevelopment and a Park Dedication-fee would increase the City's ability to acquire additional 23 land and collect fees. She noted that previous Councils had been opposed to taking private 24 property for public use as a requirement for coming into the City. 25 26 Ms. Moore-Sykes stated the recent Salvation Army Camp sale situation prompted the City to 27 consider this ordinance, and requested the Commission's consideration of this issue. 28 29 Bergstrom asked whether the ordinance applies to all zoning districts. Ms. Moore-Sykes stated 30 that applying the ordinance to commercial zoning was up for discussion. She noted that New 31 Brighton and Arden Hills both apply a 10%fee. She stated the ordinance is allowable by State 32 statute and is used frequently by communities. She added the ordinance would not be applied 33 retroactively. 34 35 Bergstrom stated the triggering event is 1 acre or more of property which is being subdivided. 36 Melsha stated subdividing property indicates the addition of more people and thus the need for 37 more parks space. He asked why the ordinance would apply to commercial space as subdivision 38 would not mean more residents. Ms. Moore-Sykes stated the ordinance is a means of collecting 39 fees and acquiring potential green space and should be viewed as a source of revenue for maintenance of parks. 1