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I <br />! <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />FROM: <br /> <br />RE: <br /> <br />DATE: <br /> <br />KEN PETERSON <br />CHAIRMAN, RAMSEY PLANNING COMMISSION <br /> <br />WILLIAM K. GOODRICH, RAMSEY CITY ATTORNEY <br /> <br />MISCELLANEOUS PLANNING COMMISSION QUESTIONS <br /> <br />APRIL 28, 1983 <br /> <br />e <br /> <br />Question re Phelps' Variance. On March 22, 1983~ the City Council granted <br />a variance to Mr. Phelps to permit him to build a residence on a 30 acre <br />tract of land with access via a private 1,300 foot easement. Attached is a <br />copy of that variance for your review. <br /> <br />In granting this permit, the City Council did not amend the City's <br />ordinance which requires a 200 foot frontage for building permits and, <br />therefore, this provision continues in effect subject to the variance <br />procedure. The 200 foot provision is still a City regulation which the <br />Council intends to enforce and can only be waived after applying the <br />variance criteria on a case by case basis. In the specific instance of the <br />Phelps variance, the Council did adopt Findings of Fact on the matter. In <br />addition to the Findings, I believe the Council considered 1) that no <br />subdivision of land is required, 2) that the applicant agreed to a <br />restrictive covenant on his property prohibiting any future subdivisions, <br />3) that the applicant waived any liability on the City's part relating to <br />the inability of emergency vehicles to reach his property via the private <br />easement, and 4) that permitting the private easement to serve the 30 acre <br />tract in and of itself does not create a subdivision. <br /> <br />An absolute precedent has not been established by the Phelps variance <br />whereby the 200 foot requirement is to be waived in all situations. <br />However, where similar situations arise like Phelps, it appears that the' <br />Council will seriously consider the granting of a variance. <br /> <br />Please refer to the attached Phelps Agreement relating to the emergency <br />vehicle question on this subject. <br /> <br />Question re written public hearing notice. With regard to written notice <br />to individuals for a public hearing or a zoning ordinance amendment, I <br />refer you to M.S.A. 462.357, Subd. (3) which states, in part, as follows: <br /> <br />For the purpose of giving mailed notice, the person responsible for <br />mailing the notice may use any appropriate records to determine the <br />names and addresses of owners. A copy of the notice and a list of the <br />owners and addresses to which the notice was sent shall be attested to <br /> <br /> <br />