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CASE # <br /> <br />REQUEST TO APPEAL BOARD OF ADJUSTMENT DECISION TO DENY A <br />VARIANCE TO THE MAXIMUM CUL-DE-SAC LENGTH: <br /> CASE OF SHADE TREE COMMUNITIES <br /> By: Breanne Dalnes, Associate Planner <br /> <br />Background: <br /> <br />Shade Tree Communities is requesting an appeal to the denial of a variance request to maximum <br />cul-de-sac length of 600 feet in order to provide access to the proposed lots and construct <br />proposed Erkium Street NW to the southerly extent of the parcel to be developed as Shade Tree <br />Creek. <br /> <br />a) <br /> <br />c) <br />d) <br />e) <br /> <br />f) <br /> <br />h) <br />i) <br />J) <br /> <br />Site location map <br />Proposed Preliminary Plat <br />Alternatives to submitted Preliminary Plat <br />Draft Board of Adjustment Minutes dated March 3, 2006 <br />Request for Appeal of Board of Adjustment decision submitted by Megan Wald, <br />Shade Tree Communities dated March 7, 2006 <br />Letter from Shade Tree Creek dated March 23, 2006 <br />Board of Adjustment Findings of Fact and Resolution to deny the request <br />Proposed City Council findings of fact <br />Proposed resolution to approve the request for appeal <br />Proposed resolution to deny the request for appeal <br /> <br />Notification: <br /> <br />No notification is required for an appeal to a variance. Residents within 700 feet were notified of <br />the variance public hearing on February 2, 2006, continued on March 3, 2006. <br /> <br />Observations: <br /> <br />Currently, City Code restricts cul-de-sac lengths to a maximum of 600 feet. Shade Tree <br />Communities has submitted a plat that indicates the intention to develop lots up to 700 feet from <br />the proposed intersection of 177th Avenue and Erkium Street, resulting in the need for a variance. <br />However, City Code requires developers to plat and c~>nstruct streets to the extent of the plat. <br />The applicant has complied with this requirement, and Erkium Street is platted to the southern <br />boundary of the property where it will connect to the unimproved, dedicated right-of-way in <br />Riverbrook. This results in a cul-de-sac length of 1,100 feet. <br /> <br />The applicant has offered two alternatives for the plat that would not require a variance to cul-de- <br />sac length and will present these alternatives to the variance at the meeting. These alternatives <br />are enclosed for your review. However, these alternatives will not meet the requirements to <br />facilitate future connections by platting streets to parcel boundaries. <br /> <br />-209- <br /> <br /> <br />