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Motion by Board Member Koeiscak, seconded by Board Member Brauer, to approve the following minutes as amended: 1) Board of Adjustment public hearing and regular meeting minutes dated May 2, 2002 Motion carried. Voting Yes: Chairperson Nixt, Board Members Kociscak, Brauer, and Reeve. Voting No: None. Absent: Board Members Johnson, Sweet, and Watson. PUBLIC HEARINGS/BOARD BUSINESS Case #1: Request for a Variance to Cul-de-Sac Length for the Proposed Subdivision of the Ponds Second Addition; Case of Royal Oaks Realty, Inc. Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:07 p.m. in order to conduct the public hearing. Public Hearin~ Chairperson Nixt called the public hearing to order at 7:07 p.m. Presentation Principal Planner Trudgeon stated Royal Oaks Realty is proposing to subdivide land located beyond the southwesterly extension of 145th Court. The land will be developed as seven single- family lots. City Code restricts cul-de-sac lengths to 600 feet. The proposed plat of The Ponds 2nd Addition is proposing to extend 145th Court another 240 to make 145t~ Court a total length of 840 feet. The area where the variance is being requested is located on a peninsula. A prior development, Wood Pond Hills 4~ Addition was approved in 1994 and constructed 145th Court approximately 600 feet that ended in a temporary cul-de-sac. At the time of Wood Pond Hills 4~h Addition was constructed, sewer and water was extended to the edge of the temporary cul-de-sac to serve the rest of the peninsula in anticipation of its development. The subject property is surrounded by wetlands and there is no other way for the remaining portion of the peninsula to be served with street access. City Staff recommends approval of the variance request. Principal Planner Trudgeon pointed to a letter from the Fire Chief stating "From a fire service standpoint, the additional 240' in this hydranted area will not have large adverse effect on service. Having reviewed the plans this is a unique situation as other means of access are most likely not possible." Citizen Input Mike Black, representing Royal Oaks Realty, stated that this case is on the agenda due to an oversight. He said it should have been addressed in the first presentation. He noted the plat has not changed since the presentation of it on January 3, 2002. The plan was approved by the Council on February 27, 2002. He explained there are special conditions for this land. It is a Board of Adjustment/June 6, 2002 Page 2 of 15