Agenda - Council - 11/28/2006 - Laserfiche WebLink

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Motion by Mayor Gamec, seconded by Councilmember Cook, to adopt Resolution #06 -10 -319 granting a one year extension to Summerset Meadows LLC to submit the final plat for the Summerset Meadows subdivision, and to request that the developer agree to dedicate additional right -of -way for the future extension of Bunker Lake Boulevard. Further discussion: Councilmember Jeffrey clarified that the developer will be subject to the fees as they start pulling building permits. Ass't Community Development Dir/HRA Executive Dir. Frolik replied the fees would be subject at the point of final plat approval. Public Works Director Olson asked what the direction would be if the developer does not agree to the right -of- way dedication. City Attorney Goodrich advised the City cannot require the right -of -way dedication, as the preliminary plat has already been approved. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Cook, Elvig, Jeffrey, Olson, Pearson, and Strommen. Voting No: None. Case #2: Request for an Amended Conditional Use Permit for Northern Counties Secretarial Services; Case of Carol Lublin Ass't Community Development Dir/HRA Executive Dir. Frolik explained Northern Counties Secretarial Services is located at 6139 - 157 Lane NW. The property is zoned R -1 Residential. Lord of Life Church used to occupy the building on the property before they built their new church south of the municipal center. In 1991, the City Council issued a Conditional Use Permit (CUP) to Carol Lublin to occupy the vacant building with her secretarial service, other professional offices, and daycare services. Ms. Frolik explained the CUP allowed Ms. Lublin the opportunity to increase the building size up to 22,000 square feet without the need for additional amendments to the CUP. That term of the CUP that allowed her to expand her facility in subsequent years did not exempt any expansions from applicable zoning or building codes and would require prior site plan approval. Ms. Frolik stated in addition, Ms. Lublin had supplied the City with a conceptual drawing of a possible scenario for future development on the property that included a 100 foot buffer area between any commercial activity and the north and east property lines. Additionally, the concept plan offered a structure setback of 20 feet from that 100 foot buffer line. Consequently, the CUP included a term that established a 120 -foot setback between commercial activity and the north and east property lines of the site. To date, the building has not been expanded and no daycare service has been established at the site. Ass't Community Development Dir/HRA Executive Dir. Frolik stated Louis and Jacqueline Abendroth reside on the adjacent lot to the north. Their driveway turnaround encroaches on Ms. Lublin's property by approximately 5 feet. The Abendroths have been leasing a 10 -foot strip from Ms. Lublin along the common property line since 1993. The Abendroths would like to own that 10 feet and make their driveway lawful conforming. Ms. Lublin is willing to deed the property to the Abendroths, but in exchange is requesting a 20 -foot reduction in the 100 foot buffer area along the common property line with the Abendroths. The Abendroths fully support the proposed reduction in setback along their common property line with Northern Counties Secretarial Services. Ms. Frolik indicated the land conveyance can be accomplished with an administrative subdivision that is reviewed and approved by staff. However, Council action is City Council / October 10, 2006 Page 5of15