08/23/1993 Council Minutes - Laserfiche WebLink

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COUNCIL MEETING AUGUST 23, 1993 of the trail. To eliminate the need for additional boardwalk, which is not only costly to construct but also to maintain, it was agreed that the trail would cut between Lots 8 and 9, Block 3 and exit onto Ruffed Grouse Road. This arrangement also provided an additional access point for the trail rather than an abrupt termination at the northern boundary of the plat. The final plat document was prepared and approved by the City Council. However, upon recording the plat with the Anoka County Surveyor's office, the developer was advised that the area shown as "trail easement" was not allowed. The area must be shown as Park to eliminate any possible liability to the underlying property owners as in an easement. In order to dedicate this area as Park, the City must acknowledge variances for lot width for both affected lots. The subject lots will have more than adequate square footage at approximately 16,000 and 35,000 square feet but be deficient in lot width at the building setback line by 7.5 feet. The original plat shows these two (2) lots as containing 80 feet of lot width at the setback line. The property is zoned R -1X with a Planned Development Overlay (PDO) to allow flexibility in lot size. This flexibility provides that some lots actually meet the R-1 lot width requirement of 80 feet while maintaining the larger square foot areas. Staff is recommending approval of the variance request for the following reasons: 1. The present trail location is the most reasonable location and will provide the most reasonable use of the trail. 2. The plight of the landowner is due to circumstances unique to the property due to the nature of the wetlands existing in the plat and the requirements pertaining to trail construction through wetlands. 3. By approving the preliminary and final plats, the City has determined that this is a reasonable use for the property. 4. Granting this request is not conferring on the applicant any privilege that would not be afforded another applicant with similar circumstances. 5. Property values should not be diminished by this request - the applicant will be required to construct homes on these lots within the requirements of the R -1X building/structural requirements. 6. Approval of this request will be in keeping with the spirit and intent of the zoning ordinance, comprehensive plan and PAGE 4 1 1