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

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COUNCIL BUSINESS Case #1: Public Hearing: Request for a Variance to Platting Requirements to Allow a Metes and Bounds Subdivision; Case of Oakwood Land Development, Inc. Mayor Gamec closed the regular portion of the City Council meeting at 7:56 p.m. in order to conduct a public hearing. Public Hearin2 Mayor Gamec called the public hearing to order at 7:56 p.m. Presentation Associate Planner Geisler indicated Case Nos. 1, 2 and 3 will be discussed together. Oakwood Land Development is in the process of developing the Brookfield Plat, located west of Nowthen Boulevard and south of Trott Brook. As part of that project, Oakwood has assembled nearby parcels to facilitate the reconstruction of 167th Avenue. Oakwood Land Development received preliminary plat approval for Brookfield in September 2005. As part of the approval, the City. Council directed that the extension of 167th Avenue be developed south of the Brookfield plat, rather than through the plat as indicated in the current Comprehensive Plan. Since that time, Oakwood has assembled four parcels in order to provide the City with the needed right-of-way for this southern alignment. Associate Planner Geisler advised City Code requires that any new lots be created through the platting process. The applicant has requested a variance to the platting requirement to allow a metes and bounds subdivision, in order to provide the necessary right-of-way to the City and to sell off the three homes that currently exist on these three parcels. City Code requires that this type of variance be heard by the City Council, acting as the Board of Appeals. If approved, the metes and bounds subdivision would create 10 parcels: three for the existing homes, two for right-of-way, and five remnant parcels that the developer intends to hold until the area is re- platted and sewer and water is brought in. These 5 remnant parcels will not be buildable until they are re-platted. Associate Planner Geisler indicated all three existing homes are on septic systems. One concern with allowing the metes and bounds subdivision is to ensure there is sufficient space for an alternate septic site for these homes. The applicant is constructing new septic systems for the two easterly lots and has drafted easements to allow an alternate septic on one of the remnant parcels, if needed in the future. The westerly lot's septic system is partially within the right-of- way to be given to the City' this issue will need to be worked out with the applicant. Ms. Geisler advised in this situation, the platting requirement is a hardship in that no new buildable lots are being created. The metes and bounds subdivision is necessary to facilitate the transfer of land of right-of-way to the City and to allow the sale of the existing homes. City Council / February 27, 2007 Page 7 of 21