Minutes - Council - 04/09/1979 - Laserfiche WebLink

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Page ,8 April 9, 1979 Council Meeting Mayor Gamec stated that Mr. Klemish is seeking direction as to the best way to proceed with his plat regarding lot sizes. The property involved is north of Shady Lawn Estates. It is the desire of the Council to preserve park way along Trott Brook. Mr. Klemish has two different plans proposed. One plan shows no park with cash donation to be given in lieu of park land and the other has park land with smaller lots. The Council would prefer that Mr. Klemish donate the park land but also enlarge his proposed lots. BARTHEL'S 2ND ADDITION,'REQUEST FOR EXTENSION OF TIME ON FINAL PLAT Engineer Raatikka stated that since this plat first came i~ the City has adopted a new Code, effective January 1, 1978. The soils ordinance is much more stringent and that it would create a problem to several lots on this plat and the street right of way is not allowed to be included in the total lot area and this does affect some of the lots. Attorney Goodrich said Council would have to waive the six month time limit for final plat in order to grant this extension. Attorney Nielson spoke on behalf of Barthel's 2nd Addition. He said pre- liminary approval was given on 1/23/78, and that final approval should have been obtained by 7/23/78, further, that this was no fault of the City~. During the months of August, September and October there had been contact with the City staff and at that time the developer's contract was lacking and the engineer's figures were lacking for the development contract. A request has been previously made by the Council that for access onto Highway 47 the developer also blacktop a road in his other plat which he has agreed to do. Mr. Nielson said he and the developer were unaware of the change in the ordinance. He said the plat was done in 1977 prior to the change in the ordinance and preliminary approval was given under the old ordinance. They are asking for a one-month extension of time, and the engineer needs Council to authorize his giving figures for the development contract. Councilman Reimann asked if he could conform to the other things in the plat as per the present ordinance. Mr. Nielson said some of the lots would comply and some do not comply. Motion by Councilman Cox seconded by Mayor Gamec that based on the concerns of the Council the request be denied and ask staff to prepare findings of fact for the next meeting the reason being that the soils requirements were the reason the City adopted the ordinance and the lot sizes were prior to the ordinance. Councilman Cox said that this would just be staying consistent with the present ordinance and the City staff and engineer should review it. Ordinances are enacted now that govern lot sizes. Councilman Sorteberg said the proposed lot sizes are not far from meeting the requirement.