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Item 1 requires that all 50 feet of right of way for Preserve Court, the primary east-west <br />street, be located outside of the Williams Pipeline easement, in order to permit the City <br />to have control of future street maintenance, utility locations, and to avoid concerns over <br />Williams Pipeline maintenance affecting street improvements. The proposed Final Plat <br />has not been modified to comply with this condition. <br />Item 2 states that with the relocation of the street right of way required by Item 1, the <br />lots would need to be reconfigured to meet lot size and setback requirements. No <br />changes to lot design are shown on the proposed Final Plat. <br />Item 4 relates to the impact of the proposed Preserve Trail which extends from Preserve <br />Court to Viking Boulevard. The curved design (in addition to engineering issues) raised <br />concerns for access from neighboring property and a violation of the Zoning Ordinance <br />Section 903.050.D.8.e which requires that no driveway shall be located closer than 40 <br />feet from the intersection of two streets. The proposed final plat does not resolve this <br />issue. <br />Item 5 refers to the easternmost portion of the plat, lots now labeled Lots 14 and 15, <br />Block 1. The condition required a combination of those two lots for a number of <br />reasons. Include was the fact that Lot 15 does not meet the minimum lot width standard <br />of 75 feet. The definitions section of the Zoning Ordinance requires that lot width be <br />measured at the building setback line, perpendicular to the depth of the lot. Under this <br />definition, the lot width is approximately 69 to 70 feet wide. The proposed final plat is <br />drawn differently from the previous preliminary plat, however, does not appear to meet <br />the requirement of the Zoning Ordinance. Because the plat is drawn to anon-standard <br />scale and there is no separate engineering information from the preliminary plat, <br />planning staff can not confirm compliance or non-compliance with this condition. <br />Summary and Recommendafion <br />The City Council approved the Preliminary Plat with a number of conditions related to <br />planning, engineering, and administrative items. The submitted Final Plat proposal <br />does not appear to meet the planning conditions -neither those that applied to the <br />preliminary plat, nor those that applied to the Final Plat. Based on a finding that the <br />conditions of approval have not been met, planning staff recommends denial of the <br />Final Plat for the Preserve. <br />pc: Kathy Glanzer <br />Steve Westerhaus <br />Lee Elfering <br />Greg Schroeder <br />Dayspring Development, <br />1915 Greeley Street, Stillwater, MN 55082 <br />2 <br />-20- <br />