Minutes - Council - 02/27/2007 - Laserfiche WebLink

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action tonight is to process a metes and bounds subdivision and the exception to the moratorium to allow Oakwood Development to break up parcels, and Oakwood would give the City land for the right-of-way. At some future date when the City is ready to construct 167th Avenue, those decisions will need to be made and the additional property acquired. By taking action tonight to accept that right-of-way it is a small step in building that network, but it does not force the use of eminent domain. This is just a procedural way to break up the parcels and get the little pieces of right-of-way on the map. They are not at the point of deciding whether to use whatever means necessary for the acquisitions for 167th A venue; that will be a future discussion. City Attorney Goodrich questioned whether parcel nos. 4 and 8 have to be built to access the parcels being created or existing parcels. Associate Planner Geisler responded in the negative. She explained parcel nos. 2 and 6 will continue to get access from the existing road system. If 167th is realigned in the future there will need to be a realignment of the driveways, but at this time the parcels would still maintain their access as it is. City Attorney Goodrich noted this would be the same situation with parcel nos. 8, 9 and 10. Councilmember Strommen pointed out it appears that parcel no. 1 will be a challenged site. She expressed concern with platting this as a lot that is available for future development and then being forced to grant variances to make it work. Associate Planner Geisler explained all five of the remnant parcels, including 1,3,5, 7 and 9 will not be buildable. There is a term included in the variance that requires a covenant that these are not buildable until they are properly platted. Motion by Councilmember Jeffrey, seconded by Councilmember Olson, to adopt Resolution #07 02-063 adopting Findings of Fact #0791 relating to Oakwood Development's request for a variance to the platting requirements in Section 9.50 of City Code. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Jeffrey, Olson, Dehen, Elvig, Look, and Strommen. Voting No: None. Motion by Councilmember Jeffrey, seconded by Councilmember Olson, to approve Oakwood Development's requ~st for a variance to subdivide by metes and bounds, contingent upon compliance with the City Engineer's Memo dated February 22, 2007 and receipt of an easement vacation, and adopt Resolution #07-02-064 declaring terms of the variance. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Jeffrey, Olson, Dehen, Elvig, Look, and Strommen. Voting No: None. Case #2: Public Hearing: Request for Vacation of Easements in Gebert's Addition; Case of Oakwood Land Development The public hearing, presentation and citizen input for Case No.2 was acted on under Case No. I. City Council / February 27, 2007 Page 11 of 21