Minutes - Council - 07/26/1994 - Laserfiche WebLink

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Motion by Councilmember Zimmerman and seconded by Councilmember Beyer to adopt Resolution #94-07-148 adopting Findings of Fact #0366 relating to a request fi'om North Suburban Development Company to rezone Sunfish Square from I-Industrial to R-1 Single Family Residential, Multiple Residential and B-2 Business. Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Beyer, Hardin and Peterson. Voting No: None. Motion by Councihnember Zimmerman and seconded by Councilmember Beyer to introduce an Ordinance rezoning Sunfish Square to R-1 Urban Residential, B-2 Business and Multiple ResidentiaI. Motion carried. Voting Yes: Mayor Gilbertson, Councilmembers Zimmerman, Beyer, Hardin and Peterson. Voting No: None. Case /19: Request for Final Plat Approval of Guy Addition, A Minor St, bdivislon; Case of Nell Guy Trust Zoning Administrator Frolik stated that Elliott Knetsch, representing the Nell Guy Trust, has applied for a minor subdivision to plat the Guy property on Highway #10 into four commercial lots. All lots meet the nfinimum size and dimension requirements for the B-3 Highway Business District. Ms. Frolik informed Council that the plat proposes to retain the two existing accesses onto Highway #10. The developer is also proposing to provide a 30-foot wide private access easement along the south 'property line of all lots for the purpose of providing each of the four lots with ingress/egress capabilities between the two entrances from Highway #10. Ms. Frolik suggested that the major concern with this plat is the lack of a public storm sewer to provide an outlet for storm water on the property. The City Engineer recommended that a 60-foot drainage and utility easement be dedicated along the northern boundary of Lots 1 and 2. She explained that this drainage and utility easement could be used for the construction of a sump area to hold storm water. This easement would also serve to protect an area for future development as a service road in the event the State purchases access rights onto Highway #10. Ms. Frolik informed Council that the developer has not provided the 60-foot drainage and utility easement on the plat for the following reasons: a) the public drainage and utility easement on the north side of Lots 1 and 2, in conjunction with the private easement along the south boundary of the plat, adversely impacts the developability of the lots; b) the standard 35-foot yard setback should be sufficient area of protection to accommodate development of a service road, in the future; c) the developer is opposed to donating the right-of-way for a possible future service road when most likely the City will have to compensate other property owners on Highway #10 N.W. for the remainder of right-of-way if needed. Mayor Gilbertson excused himself fi'om the discussion of this case. Elliott Knetsch commented that Mrs. Astrid Guy and her daughter Sandra are also present. He stated they have no issue with Staff's report except for the 60' "so-called drainage easement". He proposed that this issue be handled when those two lots are developed as then the City will know what type of use it will be. He understood that to be the recommendation of the Planning Commission. Mr. Knetsch felt that this easement was for a road and not for drainage. He suggested that Council cannot do it this way. He stated he would hate to see Council deny this final plat approval because of this 60 feet. He added that the property cannot be broken off until it's platted. Ralph Nissen will be purchasing the 2.5 acres. Cily Council/July 26, 1994 Page 17 of 27