Resolution - #99-08-141 - 08/10/1999

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9. That the City approved Pettersen Estates in the late 1980's, a plat that does have public access, but one of the lots in the plat does not and is served by a private easement. 10. That no other plats have been approved without public access but Staff is not certain how many metes and bounds subdivisions have been approved without public access. 11. That the private driveway is narrow but well maintained and a lot split would not cause any additional hardship for emergency response personnel because no new dwelling units are proposed to be allowed without a public road. 12. That on March 22, 1983, the City Council granted a previous owner of the Subject Property a variance to the road frontage requirements to construct one residential structure on the Subject Property and specified that no subdivision of the Subject Property would be permitted without complying with the City's subdivision regulations, including that provision requiring each buildable parcel to have direct access to a public street (the variance was finally utilized by the Applicants in 1989). 13. That in 1988, the City Council denied a request by another subsequent owner of the Subject Property for a metes and bounds subdivision to subdivide the property into three (3) buildable lots because the property owner was proposing to provide access to the lots by private easement versus constructing a public road in accordance with the City's subdivision regulations. 14. That the Applicants have stated that if the metes and bounds subdivision is approved, they are willing to adhere to the intent of the terms of the previously granted variance and encumber the property with an agreement that will restrict the Subject Property to the one existing home and that no additional building permits for homes will be allowed without the construction of a public road to access each buildable parcel. 15. That Section 9.50, Subd. 4 (Subdivision, Access) of the City Code states that no permit for the erection of any building shall be issued unless such building is to be located upon a parcel of land abutting a street or highway. 16. That Section 9.50.09 of the City Code states that no conveyance of land shall be filed if the land is described in the conveyance by metes and bounds, unless compliance is waived by City Council. 17. That denial of the proposed subdivision will not create an unnecessary hardship for the Applicant. 18. That failure to comply does interfere with the purpose of the Subdivision Chapter. RESOLUTION #99-08-141 Page 2 of 3