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08/14/2002 P&Z Minutes
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08/14/2002 P&Z Minutes
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P&Z
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P&Z Minutes
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08/14/2002
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Planning & Zoning Board <br />August 14, 2002 <br />Page 28 <br />APPROVED MINUTES <br />enforces the Ordinances and regulations al ready in placed, I have no objection to the <br />development in question. Thank you for your consideration.” <br />Bill Noel, 346 Carl Street, requested the road not go through Carl Street. He stated when <br />he bought his lot he was informed that the road would not go through. He was assured <br />that the street was going to be dead-end. He expressed concern regarding additional <br />traffic and the impact this proposal would have on his property value. He stated he had <br />purchased his property in 1991. <br />Jeff Kolstad, 296 Carl Street, stated he had lived in his home since 1996. “I respectfully <br />request that you allow me to document my concerns over the proposed Comprehensive <br />Plan initiative to extend Carl Street to allow for neighborhood connections and <br />emergency vehicle access. My home is the last home on the Carl Street cul-de-sac on <br />Lino Air Park North. The plat shows my lo t as lot number 14. The historical background <br />is relevant to the case at hand. Let me f ill you in on the details. You may check the facts <br />with any of the City’s records: In 1996, lots 15 through 21 behind me were considered <br />wetlands by Ultieg Engineers and The Rice Cr eek Watershed District. The Developer <br />was not granted permission to develop the rema ining lots and thus, Carl St. was designed <br />as a fully finished curbed cul-de-sac with my lot as the last developable property. <br />However, current plans are in process for a new development off of Sunset which will <br />reach east to my property line. Lots 15 t hough 21 were originally platted to be accessed <br />by Carl Street only and that is why there is an easement for that access. Due to the fact <br />that those lots were consider ed wetland and undevelopable, the city planners, engineers <br />and developer ended Carl Str eet as a cul-de-sac. But ne ver bothered to negate the <br />easement. Obviously, a missed technicalit y. I would like to pose the most obvious <br />question: Why can the wetland now be developed when it could not a mere six-years <br />ago? My lot (14) also has wetlands delineated. As a re sult, my home was placed on the <br />lot nearest to the cul-de-sac as the final hom e in the plat with access from Carl Street. <br />Because of the wetlands on my lot, I was fo rced to place my home nearest the ditch, with <br />the hanger pad to the South. If Carl St reet were extended, it would cause me <br />considerable hardship for the following reason s: 1. The proximity of my home to the <br />proposed street is far too close for safety or comfort. I have small children and this poses <br />a very real hazard. If the stre et were to continue straight, it would run within 18 feet of <br />my home. 2. My property will be decreas ed drastically. It is common knowledge that <br />homes in cul-de-sacs are more desirable and have higher resale values. 3. There is not <br />enough room to allow for a curbed street of any size, let alone an easement for the ditch <br />and for my home. To consider making the ro ad smaller or moving it closer to my home <br />as a solution is not realistic. It would be intrusive to me a nd in violation of the intent of <br />the original development. The distance betw een the ditch bank and my home is 88 feet. <br />The original plat establishe d a 66-foot easement along the ditch as access to lots 15-21. <br />As mentioned earlier, these were never developed because they were delineated as <br />wetlands, and the plat was never adjusted to negate the proposed easement. Therefore, <br />Carl Street ended where the 1992 Federal and St ate Wetland Acts forced it to end. 4. In <br />1995 when the final plat was approved, Carl St reet was purposely curved 45 feet further <br />to the south in order to stay a safe distance from the ditch and allow for appropriate storm <br />water drainage. This design was required a nd approved at the time by the Rice Creek <br />Watershed District and by the City of Lino La kes. The developer met this requirement. <br />If the City currently changes its position to fit their proposed needs, it violates Federal,
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