10-11-07 Planning Comm. Minutes - Laserfiche WebLink

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MINUTES PLANNING COMMISSION OCTOBER 11, 2007 reasonable and minimum use of his land. Gores again noted that this test has not been met, the applicant can achieve the minimum use of his land without a Variance, noting Exhibit 5 in Roston's report showing a concept drawing that achieves a reasonable development without the need for a Variance. Therefore, Gores indicated that the City cannot make findings that the developer would be deprived of the minimum use of his land. Gores reviewed 1010.010. (b) which requires that a Variance not be detrimental to the public health, welfare or injurious to other property in the territory in which property is situated. Gores cited September 26, 2007 report from James Benshoof, Traffic Engineer, in which Benshoof talks about the safety concerns on a cul-de-sac that is more than twice the minimum size. Gores also indicated that the cul-de-sac compromises an environmentally sensitive area. Gores further reported that the Board of Water & Soil Conservation is coming out to look at the area. Gores indicated that the wetland delineation done by the developer included soil borings in the areas of high ground and not in the wet areas. Gores' contention is that the soil borings were not done where they should have been. He noted that it was done during the dry season and does not reflect typical conditions. Therefore, the Board of Water & Soil Conservation is coming to look at the area. Duray asked who did the wetland delineation. Gores replied that the developer hired someone to do the delineation, and that delineation was reviewed by the Watershed. Gores also noted that the delineation did not look at adjacent properties, and again pointed out that this is an environmentally sensitive area. Gores further noted that the 1,050 foot long cul-de-sac only benefits Maplewood, providing access for three lots that would be located in that city. Maplewood would derive the tax benefit of these three properties, and Little Canada would be responsible for the maintenance of this extra 550 feet of street. Gores felt that the long cul-de-sac decreases the development value of the surrounding property. He noted that the location of the possible east and west road extensions would allow for development on only one side of an extended street. Gores felt that pulling the Richie Place cul-de-sac back to 500 feet would allow adjacent property owners to fully and reasonably development their properties. Gores felt the 1,050 foot cul- de-sac devalues the surrounding properties and conflicts with the natural character of the community. Gores noted that he used GIS mapping to look at existing cul-de-sacs in this area and found that the average cul-de-sac length is 422.89 feet. There are a couple of others that are longer, but noted that they were platted prior to the existence of the City's 500 foot cul-de-sac maximum (Leeward Way and Lakeside Court). Gores indicated that the overwhelming majority of cul-de- sacs within the City that are over 500 feet were constructed before this standard was put in place. Gores stated that in adopting the 500 foot cul-de- -8-