Agenda - Council - 08/25/2009 - Board of Appeals

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Attachment C Board Member introduced the following resolution and moved for its adoption: RESOLUTION #09-08-_ A RESOLUTION ADOPTING FINDINGS OF FACT # RELATING TO A REQUEST FOR A VARIANCE TO THE PLATTING REQUIREMENTS IN CITY CODE TO ALLOW A METES AND BOUNDS SUBDIVISION WHEREAS, the City of Ramsey, hereinafter referred to as I1Applicantl1, has properly applied for a variance to platting requirements established in Section 9.50 (Subdivision) of the Ramsey City _Code to facilitate a metes and bounds subdivision to facilitate the conveyance of property . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THE CITY OF RAMSEY, ANORA COUNTY, STATE OF MINNESOTA, as follows: 1. That the Applicant appeared before the Board of Appeals for a public hearing on August 25, 2009, and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. 2. That the Applicant is proposing to construct a 20;000 square foot manufacturing and office facility on the Subject Property, but does not need the entire parcel for the project. 3. That restricted access has been recorded on the existing plat on Sunfish Lake Boulevard; a cross access easement will be required to be recorded on the Subject Property to ensure access to the parcel to the north, should a proposal for development come forward. 4. That in order to convey the property, a subdivision is necessary to split the_existing parcel. 5; That both parcels will conform with all other applicable sections of City Code. 6. That Section 9.50 (Subdivision) of City Code requires that any new lots be created through the platting process. 7. That Section 9.50.06 '(Procedural Variances) establishes a process to grant a variance to platting requirements, when strict compliance with these requirements may cause a practical difficulty or undue hardship, provided the variance does not affect the spirit and intent of the Section. 8. That the Applicant is requesting a Variance because the platting process causes a practical difficulty in that the metes and bounds subdivision will facilitate the conveyance of property to the Applicant, and the Applicant has stated that it will submit an application for Minor Subdivision at the next available meeting, and therefore, this is not a permanent variance as to said lots.