Resolution - #06-03-098 - 03/28/2006

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Councilmember Elvig introduced the following resolution and moved for its adoption: RESOLUTION #06-03-098 A RESOLUTION ADOPTING FINDINGS OF FACT #0756 RELATING TO A REQUEST FOR A VARIANCE FROM MAXIMUM CUL-DE-SAC LENGTH RESTRICTION FOR ERKIUM STREET FOR SHADE TREE CREEK WHEREAS, Shade Tree Communities, hereinafter referred to as "Applicant", properly applied for a Board of Adjustment variance to the cul-de-sac length of 600 feet established in Section 9.50.30, Subd. 3 (g) of the Ramsey City Code on the property generally located on the southwest comer of Erkium Street and 177t"Avenue and legally described as follows: The Northwest Quarter of the Southwest Quarter of Section 1, Township 32, Range 25, Anoka County, Minnesota. Subject to an easement for road purposes over the west 66.00 feet of the east 250.81 feet thereof, WHEREAS, the Applicant's request for variance to cul-de-sac was denied by the Board of Adjustment on March 3, 2006 and, WHEREAS, in accordance with Section 9.03.07 of the City Code, the Applicant has properly applied for an appeal to the decision by the Board of Adjustment. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAMSEY, ANOKA COUNTY, STATE OF MINNESOTA, as follows: 1. That the Applicant appeared before the Board of Adjustment for a public hearing pursuant to Section 9.03.05 of the Ramsey City Code on February 2, 2006, and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these findings by reference. That the applicant's request was continued from the March 2, 2006 Planning Commission meeting until the March 3, 2006 Board of Adjustment meeting when action could be taken on the coinciding preliminary plat. 3. That the Board of Adjustment denied the request for variance to maximum cul-de-sac length due to the increased public safety risk associate with the length of the cul-de-sac. o That the Subject Property is zoned R-l: Residential Rural Developing and the Applicant has made proper application to the City to plat the Subject Property into 15 new single family lots and 1 existing single family homestead. 5. That Section 9.50.30, Subd. 3(g) of City Code limits the length of a cul-de-sac to 600 feet. 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.