06/28/1993 Council Minutes - Laserfiche WebLink

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220 COUNCIL MEETING JUNE 28, 1993 This property along with eight (8) other properties on Marvy Street has been provided with sewer and water services along their south property lines as a part of the construction of Apollo Drive. Extensive neighborhood meetings have occurred and permission for four (4) controlled accesses have been received from the County. Because Apollo Drive will be a County road, the City has acquired right-of-way for these access points which will provide one (1) access for three (3) properties. The costs to connect to utilities has been determined for these parcels. Originally staff had requested permission for a "blanket" subdivision for the eight (8) lots. This would have been similar to a "blanket" subdivision/variance arrangement currently in place along Snow Owl Lane in Ulmer's Rice Lake Addition. However, the Planning and Zoning Board recommended approval of this subdivision along with any future requests to be considered on an individual basis. In addition to granting approval of the subdivision request, the Planning and Zoning Board recommended that the property owner sign a form indicating they would not object to the extension of utilities when and if they are extended along Marvy Street, and that the property owner would not be assessed for these utilities until such time as they decide to connect. Mayor Reinert asked Mr. Hawkins if the document waiving the right to petition against a utility project on Marvy Street is a binding document. Mr. Hawkins said yes, if it is recorded with the Anoka County Recorder's Office, the waiver goes with the property. Ms. Wyland explained that the Leese's prefer the Planning and Zoning Boards recommendation and prefer to not pay assessments until they actually connect to the utilities. Mr. Schumacher noted that when a lot is subdivided, the density is increased. There is a benefit in that the assessment is then spread over more than one assessable unit. Mr. Schneider explained that there is no project being proposed for Marvy Street and the only requirement being requested is that the Leese's agree to not petition against a future project along Marvy Street. He noted that all options under State Statute 429 would remain available to the Leese's. Mr. and Mrs. Leese told the City Council that they were concerned about signing the agreement and asked if the City Council could legally deny them a subdivision if they refused to sign the agreement. Mr. Hawkins explained that the City is within its legal right to require the completion of the agreement before approving a subdivision. Mr. Leese said that they had intended to never divide their property. However, there is a grove of PAGE 6 1 1 1