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DATE: April 21, 1970 <br />CASE NUMBER: PL-30 <br />APPLICANT: Mr. John A. Macias~ek <br />LOCATION: Part of the southeast one-fourth of the northeast one-fourth of Section <br />18, Tract 30, Range 23 West lying north of Rice Creek Terrace <br />REQUEST: Approval of Plat <br />PLANNING, CONSIDERATIONS: <br />A preliminary plat of this property was filed in August of 1967 subsequent to review. <br />The preliminary plat was approved by the council in their meeting of September 23, <br />1969 subject to the conditions that: <br />1. The lot lines be extended to the approximate center of Rice Creek as now existing. <br />2. The outer limits of the creek easement remain as presently proposed. <br />3. That the final plat dedicate a 100 foot creek easement to the Village of New <br />Brighton for flowage and maintenance purposes. <br />The revised plat submiteed March 17, 1970 was held by the council to constitute essen- <br />tially a "new plat", Lots 1 through 9 of Block 1 remain substantially the same as pro- <br />posed in the original preliminary plat. Blocks 2 and 3 of the original have been del- <br />eted. <br />On the revised plat: <br />1., Lot lines have been extended into the edge of Rice Creek but not to the approxi- <br />mate center as requested. <br />2. A flowage easement has been indicated extending from the approximate center of <br />the creek into the lots, the total distance from the creek center to the easement <br />line being only fifty feet. <br />3. The setback line for Lots 3, 4, 5, and 6 is according to the plat twenty-five <br />feet. Section 10, Village of New Brighton Ordinance, 188 Zoning Code, <br />Paragraph 10-010, sub-paragraph d states "A front yard or setback shall not be <br />less than thirty (30) feet in depth". <br />