Minutes - Council - 03/28/2006 - Laserfiche WebLink

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6. That City Code Section 9.50.30, Subd. 3.g, which provides that the maximum length of cul-de-sac streets shall be 600 feet, does take precedence over City Code Section 9.50.30, Subd 2.b, which states that it is the "stated intent" of the City to connect streets with adjoining parcels for development. 13. That there is public safety concern with the fact that Erkium Street NW is the single access to the 34 platted residential lots located immediately east of the Subject Property; and that the addition of 16 new lots as proposed by the Applicant will intensify this public safety concern. Motion by Councilmember Elvig, seconded by Councilmember Olson, to adopt Resolution #06- 03-098 adopting Findings of Fact #0756 relating to a request from Shade Tree Communities to appeal the Board of Adjustment's decision, with finding numbers 6 and 13 amended as stated above, Further discussion: Mark Strandlund, applicant, stated it is the opinion of Shade Tree Construction that there is already a plat to the south of this that they are trying to connect to. The City created this condition and Shade Tree is trying to solve the condition. Councilmember Elvig stated additional housing on the cul-de-sac is a completely different condition than having two houses on that cul-de-sac. Mr. Strandlund stated Shade Tree is trying to work with the City. The City created the condition and Shade Tree is trying to connect the streets where there is not a street connection. He is lost as to why this is a variance when the City already created the plat to the south. He stated when he met with the Council previously they stated this was the best connection to connect to that development, and this is the layout that was approved; now the Council is changing it again. Shade Tree is looking for direction. Councilmember Elvig stated Mr. Strandlund should look to staff to help redesign the plat. Mr. Strandlund questioned who will provide the direction. Mayor Gamec replied the developer will need to work with staff. Cul-de-sac lengths have been a major problem, and they have gone back and forth on this. This cluster ordinance is something the City Council decided to do, and now they are getting all kinds of problems. Mr. Strandlund stated the City granted a variance on a cul-de-sac with 42 units. Councilmember Strommen explained these long cul-de-sacs are something the City is trying to eliminate. She does not think it behooves the City to worsen the problem by creating more of them. Mr. Strandlund stated the last time Shade Tree met with the Council at special session they were going to look at connecting 177th to Highway 47 and work on condemnation. That is why Shade Tree is looking for direction. They have another project in Ramsey that is complete right now with 42 units with a cul-de-sac over 600 feet. Now the Council is saying they cannot put 16 units on a cul-de-sac over 600 feet that actually connects to a project Ramsey has platted with no street to it. They have been doing this for over one year now; Shade Tree has asked if this is the plan to proceed with and the Council said yes; they proceeded with that plan and now the Council is saying to get a different plan. They have been bounced back and forth and are looking for direction. Councilmember Elvig stated this is not the format to give direction. Mayor Gamec explained the key for the developer is to stay down within the allowed length of the cul-de-sac. City Attorney Goodrich advised if the Council denies the variance to the maximum length of the cul-de-sac, the maximum length allowed will be 600 feet; that would be the direction to the developer. Mr. Strandlund stated if that is the case the connection to the other plat will be eliminated, which is what Shade Tree is trying to solve. The Council can explain to the owners why they do not have a road to their house. City Attorney Ooodrich City Council / March 28, 2006 Page 15 of 31