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(:John McDowell <br />4045 Bayside Road <br />ain MN <br />Iffitylgi-r Ell f CC <br />Post officr Bot 660Crysul Bay. Minnewts %323•Murucipal Offwm <br />On the North. 5ht re o/ Lake Minnetonka <br />December 1, 1989 <br />Re: Subdivision Proposal - Application !1475 <br />Dear Mr. McDowell: <br />Today I received a phone call from Lori Howe of Faegre & <br />Benson requesting information about procedures for proceeding <br />with merely a lot line rearrangement between your homestead <br />parcel and Charles Hayssen's homestead parcel. Prior to your <br />leaving town, we had briefly discussed the potential City <br />concerns and requirements for such a proposal. <br />You had expressed a concern that the City might still <br />require granting a private road outlot as part of a mere lot line <br />rearrangement. Although I had indicated that was not as likely <br />with a lot line rearrangement, Jeanne and I have discussed the <br />issues at some length, and in light of the access issues and <br />Planning Commission's concerns regarding access and private roads <br />in the City, it would not be out of the question for them to <br />require road outlot dedication. It would also not be out of the <br />question for them to hold up even a lot line rearrangement <br />pending resolution of the access issues. <br />In order to give Ms. Howe clear direction as to the <br />requirements for a lot line rearrangement, Jeanne and I reviewed <br />the subdivision code regarding the need for a plat vs. a simple <br />metes and bounds division. It is our opinion that the code does <br />not specifically address whether this lot line rearrangement must <br />be a plat, however we feel that given the nature of the access <br />concerns which have evolved along with the fact that these <br />ro erties don't abut a dedicated public or private roadway, <br />�ec�nically variances to the zoning code are required, making <br />this a "flexible zoning application" which requires a plat. <br />As I mentioned before you left town, you would be well <br />advised to discuss these issues with Jeanne Mabusth prior to <br />revising your application. <br />at ILDIM. a Zo%l%(; - 473-735i 0 ADNI%LqjTR)%I1O% A FIN14WL - 473.73 . ri I+i a %% Rk, A-% -,i-, <br />ANS111"1NG FAX - 4734510 <br />0 <br />