Minutes - Council - 02/22/1994 - Laserfiche WebLink

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Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to adopt Resolution ~)4-02-040 adopting Findings of Fact #0354 relating to Cathy Gustafson's request for a conditional use permit for an accessory apartment. Motion carded. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Beyer and Peterson. Voting No: Councilmember Hardin. Upon inq!jiry, Ms. Gustafson was told that in the event she would sell the home, the new owners Would not have to reapply for this same conditional use permit as the conditions would mn with the property. Motion by Councilmember Zimmerman and seconded by Mayor Gilbertson to adopt Resolutio~ #94-02-041 approving Cathy Gustafson's request for a conditional use permit for an acoessory apartment at 15823 Nowthen Boulevard N.W. and declare conditions of same. Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Beyer, Hardin and Peterson. Voting No: None. Case 07: Request for Final Plat Approval of Pinewood Shadows; A Minor Subdivision; Case of Gerald Bauer Zoning Administrator Frolik explained that Mr. Gerald Bauer is requesting a minor subdivision to create one 3-acre lot and one 37-acre lot from a 40-acre parcel lying southeast Of Whispering Pines Estates Plat 2. The property is zoned R- 1 Rural Residential and the split is intended to separate the existing homestead from the remaining 37 acres, which wil! be reserved for future development. Both of the lots would receive access from the existing Puma Street N.W. Because Puma Street N.W. is currently a dirt roadway, the City Engineer is recommending that the 37-acre parcel be designated as an outlot to prevent the creation of an additional buildable lot and more traffic on a dirt street. No park dedication will be due on the existing 3-acre homestead nor the unbuildable outlot. Ms. Frolik informed Council that the Planning Commission recommended approval of the subdivision. Motion by Councilmember Beyer and seconded by Councilmember Zimmerman to adopt Resolution #94-02-042 granting final plat approval to Pinewood Shadows. Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Beyer, Zimmerman, Hardin and Peterson. Voting No: None. Case 08: McKinley Street Right-of-Way City Administrator Schroeder stated that Council had authorized Staff to purchase the right- of-way from two owners in the McKinley Street project area. City Staff, by letter, made offers on the properties in the amounts of the appraisals, however, both owners declined. Them has been very little acfvity since then. City Att°racy Goodrich stated he is concerned that the City does not have an easement to have utilities installed on this property. There would be serious consequences if the property Was sold or if there was a death of an owner. He stated that we need to go through the process and we may have to go through condemnation. We would want to acquire 80 feet. He stated this was done in 1992, however, it had to be dismissed because the courts do not allow that much time to lapse. City Council/February 22, 1994 Page 9 of 13