03/22/1999 Council Packet - Laserfiche WebLink

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The original revised plan called for three variances. After discussion at the P & Z meeting, the City Engineer suggested that the trail shown behind lots 1 and 2 be located on a required drainage easement which is actually a pipe to carry drainage under the roadway. This allows the lots to meet the minimum depth requirement since the easement is within the lot lines and eliminates would eliminate the need for the variances while still allowing the trail link connection. The applicant agreed to the change as did the P & Z members. The remaining variances to be considered are: - A variance for lot width at the building setback line for Lot 7, Block 4. This lot is deficient in width at the 30' building setback line. However, a structure can not be built at the setback line due to an existing pipeline easement, it must be setback 100 -120' at which point the lot exceeds the 80' width requirement. The purpose of the lot width requirement is to insure that a structure can be built and still meet the setback requirement. - A variance for cul -de -sac length granted with the original preliminary plat approval. The subdivision ordinance requires a maximum cul -de -sac length of 500', the proposed roadway is approximately 780'. Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a fmding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. The Planning and Zoning Board agreed with staff that all five criteria can be met in relation to the variance requests for Lot 7, Block 4 and the cul -de -sac length and recommended approval. The Environmental Board and the Park Board have both reviewed this revised plat and are supportive of the proposed revisions. The ponding area and adjacent outlot are proposed to be dedicated to the City for open space and the trail will connect from the 2nd addition through the 5th to the park area and also northerly to the 6th addition and future Molitor expansion area. Overall a total of 10.178 gross acres will be available for park/open space /greenway. It is the applicants intention to dedicate this land to the City. On Tuesday, March 2nd, Mr. Uhde held a neighborhood meeting. At that meeting, several issues were raise that included the planting of boulevard trees, completion of the pond area, final grading, removal of existing dirt and brush piles and other related concerns. A letter from the residents and a response from Mr. Uhde with a timetable as