Minutes - Council - 05/25/1999 - Laserfiche WebLink

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Motion by Councilmember Zimmerman and seconded by Councilmember Hendriksen to adopt Resolution #99-05-096 approving the issuance of a conditional use permit based on Findings of Fact #0494 and declaring terms of permit to exceed the total amount of accessory structure space allowed on a parcel of land, and the single building area and height restrictions (Rome). Motion carried. Voting Yes: Mayor Gamec, Councilmembers Zimmerman, Hendriksen and Anderson. Voting No: None. Case #6: Request for Approval of Metes and Bounds Subdivision; Case of Ronald Danner Zoning Administrator Frolik stated that Ron Danner resides at 17400 Erkium Street NW. His property is 27 acres in size and he is requesting approval of a metes and bounds subdivision to separate his homestead and four acres of land into a separate lot of record from the remainder of his property. Mr. Danner desires to sell his home with four acres of land and retain the remaining 23 acres for possible future development. The homestead parcel is subject to the regulations of the Scenic River Overlay District, for which the minimum lot size is four acres for riparian lots. The property is also in the Rural Transition area for which there is a four units in 40-acre density restriction. The subdivision proposed complies with the 4 in 40 density restriction and the four acre minimum lot size. Ms. Frolik explained that City Code promotes division of property by platting, but also allows for metes and bounds subdivisions where there is a hardship. Mr. Danner's property does not have direct access to a public road and access is currently provided to the home via private easements from Erkium Street to the north. The City cannot justify approving a plat that does not have direct access to a public road and, therefore, the only option remaining for Mr. Danner to be able to split his property and sell his home is a metes and bounds subdivision. The existing homestead will continue to have access to Erkium Street to the north via a private easement. The resolution allowing the metes and bounds subdivision has been drafted to require construction of a public road for any future subdivision of the property. Ms. Frolik reported that the subdivision was presented to the Planning Commission on May 4, 1999, as a minor plat and they recommended Council approval. However, subsequent to the Planning Commission meeting, the City Attorney determined that platting was not good policy in this instance because of no direct access to a public road, and recommended accomplishing the lot split by a metes and bounds description. The lot split proposed by metes and bounds description is consistent with the plat approved by the Planning Commission; only the means to create the split is proposed to change. Councilmember Zimmerman inquired if Mr. Danner would be eligible for a building permit on the larger tract of land to which Ms. Frolik replied yes but he's been informed that he is not allowed to build until he puts in a public road. One more building is all he would be able to have. Councilmember Hendriksen did not feel Mr. Danner's situation was a hardship. City Council/May 25, 1999 Page 11 of 25