Minutes - Council - 10/22/1996 - Laserfiche WebLink

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Case #2: Request for Final Plat Approval of Wildlife Sanctuary Addition; Case of Kelsey Gustafson Zoning Administrator Frolik stated that Kelsey Gustafson is requesting final plat approval to subdivide 40 acres in the urban residential district into three single family lots. Two of the lots will accommodate existing homesteads for Kelsey's grandmother and father and the third lot will facilitate Kelsey's new home. The property is located on the west side of T.H. #47 at about 155th and 156th Avenues. The northeast comer of the quarter/quarter being platted is on the east side of T.H. #47 and will be platted as an outlot. She reported that the property is zoned R-1 Urban Residential and is located in the Metropolitan Urban Service Area. The minimum lot size without City sewer and water in this District is one acre. Lot 1 is proposed at 29 acres, Lot 2 at seven acres, and Lot 3 at two acres. The minimum lot width without sewer and water is 200 feet. The 40-acre parcel has less than 600 feet of frontage on T.H. #47 to accommodate the three homesteads. Because the plat will remedy a current landlocked homestead in the center of the 40, and because three lots from 40 acres is not an unreasonable request, staff is recommending deviating from the 200-foot frontage requirement on Lot 2. A re-subdivision plan has been submitted to verify that there is a workable plan to re-subdivide the property in the future to its ultimate urban density based on the locations of the two existing homesteads and the one proposed homestead. The access onto T.H. #47 proposed for the re-subdivision is consistent with the T.H. #47 Corridor Study. The Park Commission is recommending a cash contribution to satisfy park dedication. MnDOT has requested an additional 27 feet of right-of-way on both sides of the centerline of T.H. #47. City staff recommends waiving the $500 transportation impact fee if the developer provides that additional right-of-way. City Engineer Jankowski stated that wherever the right-of-way has been deficient, we have asked for people to dedicate additional right-of-way. It has been a point of discussion with the Gustafsons. Staff's position is to treat this any differently would represent a change in our policy. Only perhaps for retaining this 27 feet, is to sell it to MnDOT or the County Highway Deparmaent. That's the value of retention of 27 feet. Kelsey Gustafson stated he would like to build one house on Lot 2 and he did not want to give up any additional right-of-way when he could be compensated instead of just giving it up. Councilmember Zimmerman stated that the City has consistently done it this way. It's unfortunate that Mr. Gustafson has only one lot but he (Zimmerman) did not feel that Mr. Gustafson was giving up that much. He felt this should not be treated any differently. Mr. Gustafson stated that the difference he see is that he is requesting to build one house. He feds that's a big difference. Things do not always have to be the same. Mr. Jankowski clarified that the amount the City is asking to be dedicated is .45 acres. Councilmember Peterson noted that the transportation impact fee would then be waived. He expressed agreement with Councilmember Zimmerman. Motion by Councilmember Peterson and seconded by Councilmember Zimmerman to adopt Resolution #96-10-312 granting final plat approval to Wildlife Sanctuary Addition contingent upon compliance with the City Staff Review Letter dated October 17, 1996, and the Developer entering into a Development Agreement with the City and that an additional 27 feet of right-of-way be dedicated to the City. Motion carried. Voting Yes: Mayor Hardin, Councilmembers Peterson, Zimmerman and Beahen. Voting No: Councilmember Beyer. City Council/October 22, 1996 Page 5 of 13