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<br />Councilmember Elvig asked if there are any changes to the proposed plat. <br /> <br />Community Development Director Trudgeon replied no. He explained if the applicant were to <br />indicate that the plan they had in place is not working and they would like to make changes, staff <br />would consider that a substantial change and they wocld have to restart the whole process. If the <br />applicant submits a fmal plat that is consistent with what was approved plus the contingencies, <br />they can continue moving forward to the fmal plat stage. <br /> <br />Councilmember Elvigcommented if the applicant were to request changes it would be a slippery <br />slope for them to go on. The Council was very detailed about what worked and what was <br />different. It was a difficult project. <br /> <br />Motion by Councilmember Elvig, seconded by Councilmember Strommen, to adopt Resolution <br />#07-08-203 granting a one year extension to Skyline Partners, LLC to submit a final plat for the <br />Skyline Pointe subdivision. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Elvig, Strommen, Dehen, Jeffrey, <br />Look, and Olson. Voting No: None. <br /> <br />Case #6: <br /> <br />Request for an Appeal of Variance Denial; Case of Chad Wiech <br /> <br />Community Development Director Trudgeon stated Chad Wiech has purchased Outlot A of <br />Alpaca Estates 3rd Addition, located on the Mississippi River on 142nd Avenue NW west of <br />Annstrong Boulevard. Because of the lot's inclusion in the Metropolitan Urban Service Area <br />(MUSA), and the substantial distance to sewer and water lines, Mr. Wiech is requesting a <br />variance to develop the lot with a septic system, which was denied by the Board of Adjustment <br />on August 2,2007. Mr. Wiech is now appealing the denial to the City Council. <br /> <br />Community Development Director Trudgeon stated Outlot A was created along with the <br />residential lots sUlTounding it, as part of the plat of Alpaca Estates 3rd Addition, which was <br />approved by the City in 1985. In 1985, the area of Alpaca Estates along the river was not <br />included in the MUSA, and a 2.5-acre minimum lot size was required. New septic systems were <br />permissible at that tin1e. Since then, the MUSA has expanded to include the entire Mississippi <br />riverfront. City Code explicitly prohibits the creation of new buildable lots in the MUSA <br />without COIinection to City sewer and water, unless they are a remnant of at least 5 acres in size. <br />The outlot is approximately 1.5 acres in size. Mr. Trudgeon stated staff did considerable <br />research to determine the purpose of this outlot at the time Alpaca Estates 3rd Addition was <br />approved, but was unable to find the reason for its creation. Several neighbors have questioned <br />its status, believing that it existed to provide access to the river for residents of Alpaca Estates. It <br />is not dedicated as park on the plat of the 3rd Addition, and no access easements have been <br />discovered to date. The City Attorney has reviewed the property's title and has determined that <br />there are no encumbrances on the outlot related to river access. <br /> <br />Community Development Director Trudgeon indicated the Board of Adjustment reviewed the <br />variance request at their August 2, 2007 meeting. There were a nun1ber of residents present who <br />raised objections to the variance request. Several Board members were concerned about the lack <br /> <br />City Council / August 28, 2007 <br />Page 14 of 33 <br /> <br />P62 <br />