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Request for Council Action continued <br />Page 4 <br />August 8,1997 <br />Zoning File # 2269 Conley Brooks, Jr. and Gerald McCourtney, 980/1045/1055 West Femdale <br />Road - Subdivision of a Lot Line Rearrangement <br />7. <br />Floyd's property in exchange for Floyd eliminating his interest in Parcel B. <br />An additional issue is that Brooks wishes to separate Parcel C from 905 West <br />Femdale to which it has been legally combined in the past; the issue for the <br />City is reducing the 0-75' lot area for 905 West Femdale, noting that the <br />majority of the house at 905 is within 75' of the lake, and Parcel C may have <br />been used for calculating hardcover for 905. <br />Staff Recommendation <br />Staff has been in contact with the attorneys for both Floyd and Brooks, and they have each <br />provided information clarifying their concerns. I have advised each that they will have an <br />opportunity at the Council meeting to make their positions known regarding this application. <br />It is staffs opinion that the proposed splitting of 1045 in conjunction with the proposed <br />combinations, is a positive conclusion from the City's perspective. This is because the Skarp <br />property is nearly all within the 75' setback, and if it is not purchased as additional land area <br />for an adjacent property, there would be pressure on the City to grant variances to allow <br />construction of a single family residence on this extremely substandard lakeshore property. <br />It is also staffs opinion that this subdivision/recombination can be accomplished without the <br />City making any commitments as to future usage of Parcels B, C and D, each of which has <br />separate issues related to its existence or usage, and each of which may require separate <br />applications and separate City approvals for the various existing or proposed uses or ownership <br />transfers. <br />Therefore, staff recommends approval of the proposed division subject to combination of <br />Parcels G and I with Parcel J, and Parcel F with Parcels A, E and H. The following are <br />recommended as additional conditions of approval: <br />1. Removal of the existing house on Parcels G and I should happen immediately. <br />2.Allow Brooks no more than one year to resolve what will happen with the non- <br />conforming garage on the north side of the road, and at the end of that time <br />require it be removed if it hasn't been. <br />If Hennepin County will not allow legal combination across the roadway. Brooks <br />must complete a "Special Lot Combination" for filing in the title of Parcels A, <br />E, H and F.