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• <br />COUNCIL MINUTES MAY 28, 1996 <br />Ms. Wyland stated that Mr. Dorschner's property is currently 165 feet wide and 600 feet deep. <br />When the dwelling was originally constructed, in 1982, the City did not require a lot survey and <br />apparently this home was constructed too close to the westerly property line considering the <br />garage orientation. Two (2) driveways have been serving the site for several years with the <br />westerly driveway encroaching on the Behm's property. Access to the existing attached garage <br />is from the westerly driveway. Additionally, Mr. Dorschner has reconstructed a fence which was <br />also over the property line. <br />Ms. Wyland explained that to eliminate the access problem, Mr. Gary Uhde, the developer of <br />Behm's Century Farms, has agreed to sell Mr. Dorschner 10' of Lot 1, Block 1, subject to City <br />approval. This would allow the fence to remain and Mr. Dorschner to maintain access to his <br />garage. As an alternative, Mr. Uhde has offered to provide a temporary easement over Lot 1, <br />Block 1, to allow time to reorient the garage entrance to the front of the home. This would <br />require an addition to the existing garage and possibly the living area over the garage. Mr. <br />Dorschner is not in a position, at this time, to facilitate this construction and would prefer the <br />subdivision route. <br />Ms. Wyland noted that the Planning and Zoning Board reviewed this item at their May, 1996, <br />meeting and recommended approval of the subdivision. There was a great deal of discussion <br />concerning the criteria for granting a variance and the Board concurred that justification for the <br />variance exists. The Board also determined that there is some responsibility on the City's part as <br />a building permit had been issued to construct the home at its present location without the <br />requirement of a survey document. <br />Council Member Neal asked how long this has been an issue. Ms. Wyland stated it has been an <br />issue since 1982. The issue began with the former owner of the property. There has been a lot of <br />discrepancies with other land. <br />Council Member Bergeson stated there is some precedent set for this if the property meets two <br />(2) of three (3) criteria in width and area. Ms. Wyland indicated that the Planning and Zoning <br />Board recommended boundary line surveys be required with each plat. <br />Council Member Kuether moved to approve a minor subdivision and variance to allow Lot 1, <br />Block 1, Behm's Century Farms to be reduced to a lot depth of 125'. Council Member Neal <br />seconded the motion. Motion carried unanimously. <br />Northern Wholesale, Revised Site Plan and Minor Subdivision - Ms. Wyland stated the <br />Council approved a minor subdivision and site plan review for Northern Wholesale at the April <br />29, 1996, meeting. Since that time, the RCWD has determined that the best location for ponding <br />and wetland area is on the west side of the building. This has resulted in a shift of the proposed <br />structure approximately 200' to the east and the purchase of an additional 200' of property from <br />Mr. Paul Miller. The building size will remain the same as will the parking and loading area. <br />Landscaping will be increased along Otter Lake Road and a pond and park like area will be <br />• developed in front of the building. <br />11 <br />