12/09/1992 P&Z Minutes - Laserfiche WebLink

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III Planning & Zoning Board December 9, 1992 • • recommended by the Park Board). Mr. Roger Kolstad was present representing the developer and explained that the preliminary plat had shown the trail 15 -20' from the actual lake shore. He explained that between preliminary and final approval the 1991 Wetlands Law was enacted prohibiting any trails in a wetland area that adjoins a lake. In June of 1992 the Developer was told no permits would be needed for the trail, however, they did not get this information in written form. Consequently, after adoption of the 1991 Law a permit was required so the developer had no alternative at final plat time but to move the trail out of the wetland with the intention of returning at a later date and renegotiating the location. Chairman Schaps asked "so you intended to later re- negotiate the final plat when you originally submitted it ?" Mr. Kolstad replied "yes ". He further stated that the roadway could not be altered as the sewer and water were already installed. Chairman Schaps asked if this re- negotiation was done with the full knowledge of the City or just the developer? Mr. Kolstad stated that the developer had met on the site with Marty Asleson and someone from the Corps of Engineers and they knew how close the trail would be to the house pads. Mr. Kolstad explained that the lakeshore lots had been sold, but when the trail was relocated several buyers backed out of their sales. Chairman Schaps asked if these buyers were buying before the plat was approved. Mr. Kolstad explained that the normal practice is to sell prior to final plat - when the trail was moved, the buyers were notified. Now they would like to move the trail back at least 50' from the presently platted location. If this is not possible - then they would like to place a trail along the roadway between lots 14 and 8. Mr. Mesich asked if this would be proposed as a sidewalk and Mr. Kolstad stated it could be either concrete or asphalt. Mr. Robinson asked if they knew there would be problems when the plat was approved and Mr. Kolstad stated yes they did - however, they needed to get the plat recorded so they went ahead. Mr. Robinson indicated that the only problem he has with this proposal is that the Council was not advised of the problems at the time of final plat review - Mr. Kolstad admitted that if they had discussed the problem then - the plat would not have been approved. He further indicated that they have agreed with staff to try to get a permit allowing the trail to be moved to the ease - if that does not work then they would like to go along the street right of way.