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

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REQUEST FOR FINAL PLAT APPROVAL OF GUY ADDITION, SUBDIVISION; CASE OF NEIL GUY TRUST By: Zoning Administrator Sylvia Frolik CASE A MINOR Background: Elliott Knetsch,, representing the Nell Gu), Trust, has applied for a minor subdivision to plat the Guy property On Hwy. #10 into 4 commercial lots. Observations: Ail of the lots meet the minimum size and dimension requirements for the B-3 Highway Business District. It is the intent of the City and MrdDOT to minimize the number of entrances onto Hwy. #10. The plat proposes tO retain the two existing accesses onto Hwy. #10. Although it is not a specific requirement of~final plat approval, Mn/DOT has suggested that the existing westerly access be relocated to thewest property line. The purpose of this would be to merge the westerly access of Guy Addition with the access to the adjacent property to the west and thereby eliminate one access onto Hwy. 4/10 in this vicinity. The developer i~ proposing to provide a 30 foot wide private access easement along the south property line of _all lots. This private easement would be for the purpose of providing each of the 4 lots with ingregs/egress capabilities between the 2 entrances from Hwy. #10. This private easement will not to be shown on the final plat. The major concern with this plat is the lack of a public storm sewer to provide an outlet for storm water on the property. At the sketch plan stage, the City Engineer recommended that a 60 foot drainage and uti!it3, easement be dedicated along the northern boundary of Lots 1 and 2. This drainage and utili~y easement could be used for the construction of a sump area to hold stormwater. This easement would also serve to protect an area for future development as a service road in the event the State pdrchases access rights onto Hwy. #10. The developer has not provided the 60 foot drainage and utility easement on the plat for the following reasonsl a) the public drainage and utility easement on the north side of Lots 1 and 2, ha conjunction with the private easement along the south boundary of the plat, adversely impacts the developability of the lots; b) the standard 35 foot rear yard setback should be sufficient area of protection to accCmmodate development of a service road in the future; c) the developer is opposed to donatifig the right-of-way for a possible future service road when most likely the City will have to compensate other property owners on Hwy. #10 for the remainder of right-of-way needed. For the record, the easternmost building on Lot 4 is only one foot from the common property line with the parcel to the east. This is a non-conforming situation and Staff is recommending that no variance to the side yard setback be granted with the plat. The result of this action is that the structure will continue to be considered non-conforming and if the building ever goes vacant for six consecutive months or if it is damaged in an amount equal to or exceeding 50% of its market value, it may not bd m-used or reconstructed unless it is done so in accordance with Code. Park dedication will consist of a cash payment. /77