Laserfiche WebLink
1 <br />1 <br />1 <br />COUNCIL MEETING <br />MARCH 23, 1992 <br />Council Member Elliott moved to close the public hearing at 7:53 <br />P.M. Council Member Kuether seconded the motion. Motion carried <br />unanimously. <br />Council Member Kuether moved to approve the preliminary plat of <br />Shores of Marshan Lake. Council Member Elliott seconded the <br />motion. Motion carried unanimously. <br />ENGINEER'S REPORT <br />Minor Subdivision and Variance, Walberg, Lot 6, Block 1, Ulmer's <br />Rice Lake Addition - Mr. Schneider explained that this item <br />involves the division of the back one -half of an existing one (1) <br />acre lot which backs up to the new street under construction in <br />the west section of Wenzel Farms. This situation is similar to <br />the situation when Second Avenue was extended to Elm Street and <br />lots facing Rice Lake Drive were divided and houses were <br />constructed on the Second Avenue portion of the lots. <br />Each back one -half lot could then be divided into two (2) 75 feet <br />wide lots which would be served with utilities. There is <br />proposed a significant change from the procedures used along <br />Second Avenue which would involve the front one -half of each lot <br />along Rice Lake Lane. It is recommended that the owner /developer <br />enter into an agreement with the City to support the future <br />construction of utilities and street to serve the remnant lot <br />when they are available on Rice Lake Lane. The City Attorney has <br />provided the wording for the agreement. The Planning and Zoning <br />Board has recommended approval of the agreement and approval of <br />the minor subdivision and variance request. <br />Concern has been expressed regarding the variances meeting the <br />rule of two (2) of three (3) criteria and becoming an automatic <br />variance. However, the variances for the lots along Rice Lake <br />Lane will not be automatic. The newly created lots are <br />substandard in width and the agreement regarding future <br />assessment along Rice Lake Lane should be implemented. For the <br />most part, both a variance request and minor subdivision request <br />was filed by the developer splitting the lots along Rice Lake <br />Drive. A fee was paid for both the variance and the minor <br />subdivision. In all cases, a refund was made to the developer of <br />all unused escrow. Mr. Schneider asked that this procedure be <br />continued by the City Council. <br />Mr. Hawkins explained that the current City Code requires that if <br />the lot does not meet current specifications, a variance must be <br />considered by the City Council. If the Council is not going to <br />follow the City Code, then the City Code should be amended. <br />PAGE 8 <br />171 <br />