Agenda - Planning Commission - 10/04/2007

Home

findings of facts in their decisions, so they need to look at the merits more than if this were a court of appeals. Staff has prepared findings for the Council to review. In addition to the resolution the Council should have reviewed the minutes of the Board of Adjustment meeting. The Council is being asked to take more than a cursory look if they affirm the Board of Appeals decision. Councilmember Dehen stated he reviewed everything carefully and talked to a number of the residents, and he did not see any type of hardship. If the property owner did. his homework he would have found out through the records that this property was somewhat problematic. He sees that as contrasted to another property where there is a need to perhaps upgrade the septic system with variances needed in that area. He also reviewed the DNR letter. For those tv"o reasons he would confirm the decision of the Board of Adjustment. Mr. Chad Wiech, applicant, stated when they w~re in front of the Board previously there was a list of things that were told to him that were not included in their proposal to build a home. He has under contract additional land in Ramsey of five lots along Riverdale, and he was intending at some point to develop those. After the experience in general here they may consider whether that is something they want to move forward with. As part of that they were considering relocating their family and the Garniss' came forward with this lot. Mr. Wiech stated in their research, and along with his title company, he has a Torrens certificate of title, and there are no encumbrances on this property. In their further research on the property they consulted with Planning and Zoning and found out the parcel lies within the City limits and has the ability to at some point be provided with City sewer and water. So, whether the parcel gets developed immediately or over the longer term, tllispiece at some point in the future, whether it be next spring or possibly 10 to 15 years from now, ~ill be developed with a single family residential zone. The zoning in that area has changed since 1985. Mr. Wiech stated he wrote the Alpaca Estates partnership a check for $1.25 million, and in addition to that bought two of the remnant lots, one of which is usekss with a road easement over the entire thing, and this lot that they were optimistic to be able to put a home on. In regard to the research they did before they paid the City of Ramsey fees to move their project forward and optimistically put a home on the lot, they also mentioned to Amy Geisler and included in the letters to Amy with their application and fees that they would be willing to sign a development agreement as part of their variance that they would remove the septic system at some point in the future and hook up to City service when it is available. It would be their preference to have the City services, and that is one of the reasons they put that in their request. Mr. Wiech stated the Board of Adjustment decision was for denial, but the denial came after they woulq have rather preferred a motion to table because of a lack of clarity. City Engineer Steve Janko~ski and someofthe other members had a bit of a lack of clarity on the 100 year flood plain. He now has a revised site sketch that shows the 100 year flood plain. There was also a question about the well location, which their engineer has addressed. They also had environmental work done to ensure that they would be able to adequately provide for both a primary and a back up septic system. Those are the main issues. It was found by Mr. Jankowski that the flood plain elevation is at 151.7 feet, and it is required by law that it be at least 1 foot over that. The elevation where the pad of the home is located is at approximately 853 to 855 feet. Mr. Wiech stated there were a great number of people that showed up with conversations about having rights to the property. He would be happy to provide his copy of the Torrens certificate for public record. There is no encumbrance by City Council /August 28, 2007 Page 16 of 33 P64