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

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advised this action speaks for itself. Mayor Gamec indicated when Shade Tree comes back for final plat approval there would likely be a request for an easement. City Ordinance requires developers to provide an easement to the end of the property line for a future road. Councilmember Cook stated the easement is addressed under No. 13. The Council is going in circles; they are telling someone to only have a 600 foot cul-de-sac, but then saying give the other place an easement to drive that other 1,100 feet. They would not solve any problems by having a 600 foot cul-de-sac with 13 houses on it and three houses on the end of the easement. There will be the same amount of houses going onto this road that they are saying is a problem. Councilmember Elvig called for the vote. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Olson, Jeffrey, Pearson, and Strommen. Voting No: Councilmember Cook. Motion by Councilmember Elvig, seconded by Councilmember Jeffrey, to uphold the Board of Adjustment's decision and deny the variance to the maximum cul-de-sac length based on the findings of fact. Further discussion: Mayor Gamec asked if there will be an easement in place where the 600 foot cul-de-sac ends. Ass't Community Development Dir/HRA Executive Dir. Frolik replied there is an existing private easement. The lots in Riverbrook are developed; there was an existing homesteaded house and a lot split was done to create a new lot. There are two homes in Riverbrook, which is all that is currently allowed. Councilmember Cook stated, if the 600 foot cul-de-sac is put in, the developer will build houses on both sides so there will still be 14 lots created. The City will then require the developer to accept that easement to the two existing houses, so there will still be 16 houses off of this. With the longer cul-de-sac, there will be the same amount of residents and the developer will be putting in the road. He does not understand what is being gained by denying the people that are already living there asphalt to their houses. Mayor Garnet asked how this plat compares to the situation on 161st at the Bauer property where a City road was built. Ass't Community Development Dir/HRA Executive Dir. Frolik replied that situation included a private easement. Councilmember Elvig stated part of the difficulty for him on this situation is that this is a longer cul-de-sac. They will be adding 16 homes to a cul- de-sac that is joined with another cul-de-sac that is the largest in the community. There are a whole host of problems with this; the cul-de-sac length is one of the issues. Overall this is a bad condition, and he does not want to add 16 homes to a bad condition. This would not connect roads; it would connect someone's driveway. Mr. Strandlund questioned if the direction is to build two short cul-de-sacs rather than one that connects to a platted road. He stated the maintenance department will not like that, and what they are trying to do is common sense. Laura Cooper, 17625 Nowthen Street NW, stated at the last meeting she attended that related to this cluster development it sounded like the Council would take that whole concept under advisement. Mayor Gamec noted that was discussed and there were questions about the ordinance. The Council has never taken any direction on that; they have had concerns on it. As of today the City has a cluster ordinance and developers have to follow those rules. The ordinance is in effect. The City has all the comments that have been expressed in regards to this particular development and other developments. Councilmember Strommen explained the Council held a work session to review the cluster ordinance, but there has not been any action City Council / March 28, 2006 Page 16 of 31