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01/08/1997 P&Z Minutes
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01/08/1997 P&Z Minutes
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P&Z
P&Z Document Type
P&Z Minutes
Meeting Date
01/08/1997
P&Z Meeting Type
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• <br />• <br />• <br />Planning & Zoning Board <br />January 8, 1997 <br />Page 2 <br />without an application for rezoning. It was the consensus of the Board that <br />approval of the five minor subdivisions should be done in conjunction with a <br />rezoning application for the area, which has been submitted. <br />Chair Schaps declared the public hearing open at 6:38 p.m. <br />Mr. Brixius stated that the rezoning application is from Rural to R -1 Single <br />Family. The properties are located along Lilac Street near the intersection of <br />Laurene Avenue. The developer is proposing to purchase the rear portion of the <br />five subdivided lots and include them as part of the future expansion for Behms <br />Century Farm. Without the availability of sewer, these subdivided lots will be <br />nonconforming, and a variance would have to be approved as part of the minor <br />subdivision. In addition, these properties are not within the MUSA boundry. <br />Mr. Brixius further stated that the main factor supporting approval is the <br />cooperation of the five property owners who wish to sell their property to the <br />developer to allow a future subdivision. They have agreed to hook up to the <br />sanitary sewer when it becomes available, even though the City Charter would <br />not require it. <br />Mr. Brixius noted that the City's Comprehensive Plan identifies the area as low <br />density residential which is consistent with the overall development of the Behms <br />Century Farm preliminary plat. The subdivided properties will meet <br />R -1 lot standards. The cost of extending the anticipated sewer would be paid for <br />by the developer and stipulated in the development contract. Until the <br />preliminary plat is completed, there would be no access to this site. <br />Mr. Brixius stated that rezoning is a policy decision of the City. The <br />appropriateness of rezoning is based on the proposed land use for the area and <br />whether that land use is compatible with adjacent properties. Without the <br />availability of MUSA or sanitary sewer, it may be determined that rezoning is <br />premature. However, if the Board wishes to protect property interests and <br />accommodate the property owners, rezoning may be appropriate. Seven <br />conditions are listed in the staff report that are recommended should the minor <br />subdivision be approved. <br />Mr. Johnson asked if it is correct that there will be no sanitary sewer until the <br />MUSA line is extended. <br />Mr. Brixius responded that is his understanding. <br />Mr. Johnson noted that two lots that would be created would have no street <br />access and asked if that is in violation of any regulation. <br />Mr. Brixius stated that the lot would not be buildable until there is street access. <br />One of the conditions listed is that no building permits would be issued for Lots <br />A, C, E, G and /or I until there is a preliminary plat and available sewer. <br />
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