Agenda - Council - 11/26/1996 - Laserfiche WebLink

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I I I I CASE REQUEST FOR FINAL PLAT APPROVAL OF MULLER ADDITION; CASE OF ROBERT MULLER By: Zoning Administrator Sylvia Frolik Background: Robert Muller z~ requesting final plat approval of a minor subdivision to be named Muller Addition. The s~bject property is located in the northwest quadrant of the intersection of 167th Avenue and T.I-~ ~g47. The subdivision is a replat of Lots 2 and 3 of Block 7, Klemish Addition and the two unp~atted lots that have been subsequently created from the eastern portion of Lot 3. The southerly p&'fion of the plat is currently occupied by a groc~ store and a former bank building and the Oortherly parcel is occupied by a residential homestead. The purpose of the replat is to achieve on~ lot for each of the commercial structures that would acx:ommodate appropriate setbacks in the Bi 1 Business District. The remainder of Lot 2 will remain a residential homestead. The following items are enclosed for your information: a) b) c) d) e) Site location map F~i~al plat and Site Survey C~ty Staff review letter dated November 22, 1996 PrOposed resolution for £mal plat approval PrOposed development agreement Notification: Minor subdivisior~s are not required to be subjected to a public hearing. However, as a part of the platting process, ~e vacation of pre-existing easements is necessary. State statute requires a public heating conducte41 by the City Council with notification to property owners within 350 of the subject property, i The public hearing has been scheduled for the November 26 Council meeting and properties wil~ain 500 feet of the subject property were notified of the heating. Observations: I The proposed Loks 2 and 3 and the southerly 150 feet of Lot 1 are zoned B-1 Business; the remainder of Lot ! is zoned R-1 Rural Residential. I I I I I All of the lots exceed the mlnimm area and lot width requirements for the R-1 Rural Residential and B-1 Business District. It is noted on the site survey provided that currently the canopy of the former bank stmctgre extends into a 39 foot wide City right-of-way adjacent to the T.H. g47 fight- of-way. As part {f the replat, Mr. Muller is requesting that the 39 foot easement be vacated in order that the banki structure will conform with setbacks rather than encroach fight-of-way. Staff has researched re0ords and a condition of the Klemish Addition plat was the dedication of an additional 39 feet df easement for furore service road purposes. It is not likely that a service road will be constructed[ parallel to #47 in this area. However, the 39 foot fight-of-way provides area necessary for an '.~portant link in the transportation trail along T.H. #47. Therefore, staff is recommending that the 39 foot right-of-way be retained for trail purposes and the City grant the owner of the bank ]property an easement for encroachment into that right-of-way. Because there are rto new lots created, there would be no park dedication obligations on the plaL The Planning Commission reviewed the plat on November 19 and recommended Council approval of same. I ! Recommendation: The Planning Com~ssion and City Staff recommend final plat approval.