03-27-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MARCH 27, 2013 conflicting interests that have made finding a solution very difficult. The Administrator reviewed the key issues that staff has been dealing with. The first issue relates to the Bilek property at 2925 LaBore Road. The Bilek's have expressed concern with the loss of trees associated with the new development and the impact that will have on their property. The Bilek's have submitted a letter in which they ask that "trees be preserved as agreed to in the sales contract" between Masterpiece Homes and the former owners of 2945 LaBore Road, the Kupferschmidt's. The City Engineer described the proposed road alignment for Pinetree Pond as well as the tree impact which occurs primarily within proposed Lot I 1 and along the proposed lot line between Lots 11 and 12. The Engineer noted that the Purchase Agreement between Masterpiece Homes and the Kupferschmidt's states "Buyer agrees to put pine trees between the new home and neighbor to the northeast. The pine trees in the 33 -foot easement west of the house is the buyers intention to save." The Engineer noted that the trees that are proposed to be removed are not within the 33- foot easement. The Engineer reported that he has discussed the installation of additional screening with the Bilek's. The Bilek's have expressed concern that adding 8 foot pines would provide limited screening given the homes proposed for Lots 11 and 12 are two - story. Therefore, it may be more advantageous to place the trees closer to the Bilek's house on their property. The Engineer indicated that another issue of concern for the Bilek's relates to development potential for their backyard. The Engineer noted that the Bilek property abuts the 33 -foot road easement and that at one time there was discussion about utilizing this road easement to provide development access to 2966 LaBore Road. Since the Gervais Woods development, the preferred access location is now an intersection with Cherry Hill Lane. The Engineer reported that the Pinetree Pond developer has purchased two LaBore Road properties which will allow for that intersection and provide for development access into 2966 LaBore Road The Engineer reported that he reviewed the option of retaining the 33 -foot road easement to access the Bilek backyard. This would require that the Bilek's dedicate 17 feet of road easement for the required 50 -foot easement. The result is that setback for the Bilek house would be non- conforming by a little less than 2 feet. It would also result in a triple - frontage lot for proposed Lot 12 in Pinetree Pond. The Engineer also estimated that the cost of developing a street to provide development opportunity of one lot on the Bilek property is not cost - effective. The Engineer reported that he also discussed with the Bilek's the possibility of dividing a portion of their backyard and 10