01/27/1997 Council Minutes - Laserfiche WebLink

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• • COUNCIL MINUTES JANUARY 27, 1997 Council Member Lyden moved to adopt Resolution No. 97-14. Council Member Kuether seconded the motion. Motion carried unanimously. Resolution No. 97-13 and Resolution No. 97-14 can be found at the end of these minutes. PLANNING AND ZONING BOARD REPORT, MARY KAY WYLAND Consideration of a Rezone, Ordinance No. 01 - 97 and Minor Subdivision of Five (5) Lots on Lilac Street, Behm's Century Farm - Mr. Kirmis explained Mr. Gary Uhde has submitted an application on behalf of five property owners for minor subdivisions of five single lots into 10 single lots. Lots B, D, F, and J would be retained by the current property owners and Lots A, C, E would be purchased by Mr. Uhde. The Planning Commission originally heard this case in December of 1996, but tabled the request as they felt the approval of the minor subdivision request was a land use decision which could ultimately be construed as approval of a future rezoning request that would be necessary for development of the parcels. The applicant then properly filed an application for rezoning of the land in question. A variance is also required as there is no sanitary sewer at this time. The ordinance requires that an unsewered lot be at least ten acres. Mr. Kirmis explained the disadvantages to approval. Approval would increase the non- conformance of these currently non -conforming lots. The subject properties are currently not within the MUSA. Without resolution of the 1-35W/Highway 49 interchange issues through the Comprehensive Plan process, it is unlikely that the Metropolitan Council would allow for a MUSA expansion north of the Chain of Lakes. The only option would then be a MUSA land trade. The City does not have a definite schedule for the extension of utilities and development of the plat for this area. Mr. Kirmis explained the advantages to approval. This is a cooperative agreement between the property owners and developer which would result in a contiguous compatible land use pattern of the Behm's Century Farm subdivision. The proposed future subdivision would be consistent with the Comprehensive Plan. The ultimate development of the subject properties would be consistent and compatible with the existing and/or planned development area. The applicant will be responsible for costs for the sewer extension to these lots and the proposed lots must meet all the requirements of the R-1 Zoning District. The Planning and Zoning Board held a Public Hearing at their January 8, 1997 meeting and recommend approval of the minor subdivision and rezoning request with two additions to the staff recommendations. Mayor Landers stated he did not feel he could support the request if it required a MUSA land swap. He felt that there were other portions of the city who desperately need the MUSA. • Mr. Gary Uhde introduced two of his team members, John Johnson, Civil Engineer and Peter Coyle, Attorney. PAGE 5