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Silver Oak Estates No. 2 Planned Residential Development Amendment Planning Commission Report; 3-21-23 Page 4 (cont.)  Setback. The minimum horizontal distance from a building, structure, fence, or parking lot to a lot line.  Subdivision. A parcel of land divided into smaller parts such as blocks or lots, or a tract of land which is re-divided after the first division. Primary Applicable Codes:  Zoning Chapter 7, Article 1, Planned Residential Development (PRD) Outlines the process to follow when amending a previously approved PRD, and various standards that must be met by the proposed development. Specific Application(s): Multiple application types are reviewed herein which are all necessary to complete the requested subdivision:  Major Planned Residential Development Amendment (creating a new lot line automatically qualifies as “major” under the zoning ordinance). Applicant’s Narratives: This firm is working with James and Margaret Glodek and Silver Oak Estates No. 2 Association (the "Association") in connection with the proposed replat of property located in New Brighton Minnesota described below, the preliminary and final plat of which are submitted herewith for consideration. Mr. and Ms. Glodek are the owners of Lots 1 and 2, Block 1, Silver Oak Estates No. 2, Ramsey County, Minnesota ("Lots 1 and 2"). The Association is the owner of Lot 19, Block 1, Silver Oak Estates No. 2 ("Lot 19"), which consists of the Common Elements of the Silver Oak Estates No. 2 community. The proposed replat of Lots 1, 2 and 19 is necessary as a result of the following described circumstances. The First Amendment to Declaration of Covenants, Conditions and Restrictions of Silver Oak Estates No. 2, dated September 26, 2012, was recorded on November 16, 2012 in the office of the County Recorder in and for Ramsey County, Minnesota as Document No. 4369168 (the "Amended Declaration"). The Amended Declaration served to deannex Lots 1 and 2 from Silver Oak Estates No. 2 which was the intent of the parties at the time. However, the unintended consequence of the deannexation caused Lots 1 and 2 to become essentially land locked by the surrounding Lot 19, resulting in no legal access to the adjacent public right-of way, eliminating requisite drainage and utility easements that serve Lots 1 and 2, causing portions of the improvements to. Lots 1 and 2 to encroach on Lot 19 without the benefit of an easement, and eliminating the ability to construct additions to the home on Lots· 1 and 2. The replat of Lots 1, 2. and 19 serves to rectify the entirety of the situation described above, by providing legal access to the adjacent public right-of-way, establishing the required drainage and utility easements, eliminating the encroachments and providing additional 18:nd necessary to construct the proposed addition to the home on Lots 1 and 2. Accordingly, we would urge City Staff, the Planning Commission and City Council to approve the same.