Agenda - Council - 08/28/2007 - Laserfiche WebLink

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questioned its status, believing that it existed to provide access to the river for residents of Alpaca Estates. It is not dedicated as park on the plat of the 3rd Addition, and no access easements have been discovered to date. The City Attorney has reviewed the property's title and has determined that there are no encumbrances on the outlot related to river access. The Board of Adjustment reviewed the variance request at their August 2, 2007 meeting. There were a number of residents present who raised objections to the variance request. Several Board members were concerned about the lack of information on the lOO-year flood elevation (the applicant has since revised the sketch plan to include this information). The Board of Adjustment ultimately denied the variance, 'because City Code is clear on the need for City sewer and water before creating any new buildable lots in the MUSA. Since the Board of Adjustment meeting, staff has received comments from the DNR on the proposal. Because the proposed lot would not be connected to City sewer and water, DNR Staff does not recommend that the City approve the proposed subdivision. Decisions by the Board of Adjustment may be appealed to the City Council, provided a written appeal request is received within 10 days of Board action. Mr. Wiech has submitted an appeal request. If the City Council is inclined to grant the variance, Mr. Wiech will be able to continue in the process to re- plat the outlot into a buildable lot. Recommendation: Staff originally recommended approval of the variance, primarily because the outlot is already in existence and it meets current zoning requirements. As noted above, the Board of Adjustment denied the variance request. Council Action: Motion to adopt Resolution #07-08-_ adopting Findings of Fact _ relating to Chad Wiech's request for variance to create a new lot served by a septic system in the MUSA. -and- Motion to approve Chad Wiech's request for a variance to create a new lot served by a septic system in the MUSA based on Findings of Fact # _ and adopt Resolution #07-08-_ declaring terms of same. -OR- Motion to deny the variance request based on Findings of Fact #_' Review Checklist: Asst. Community Development Director CC: 08/28/07 Copies To: City Attorney -172-