Agenda - Council - 08/25/2009 - Board of Appeals

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The main concern with this subdivision is access for the resulting parcel to the north of the Subject Property. As part of the existing plat, access was restricted from Sunfish Lake Boulevard, requiring all access from 144th Avenue. The concern has arisen on the parcel to the north, which would have some remaining buildable area. A regional storm water pond and proximity to MPCA infrastructure limits the potential for the developable area on the parcel. The City can mitigate the access concern by requiring a cross-access easement for the parcel to the north. This is not an ideal access situation (primary access for one parcel through another parcel). Should the Board of Appeals choose to qeny the request, the project could still move forward, but the Applicant would need to purchase the existing parcel in its entirety. Staff Recommendation: Based on discussion. Council Action: Motion toadopfResolution #09-08- adopting Findings of Fact #_ relating to the request for a Variance to the platting requirements in Section 9.50 of City Code. -AND- Motion to approve the request for a variance to subdivide by metes and bounds, and adopt Resolution #09-08-_ declaring terms of the Variance. -or- Motion to deny the request for a variance based on findings of fact. Reviewed By: City Administra Planning Manager City Engineer I ~ \ '. BOAp: 08/25/2009 Attachments: Attachment A: Site Location Map Attachment B: Proposed Registered Land Survey Attachment C: Proposed Findings of Fact Attachment D: Proposed Variance