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CITY COUNCIL WORK SESSION FEBRUARY 9, 2000 <br />The Environmental Board reviewed the request and concurred with his recommendation <br />but suggested an unmowed area of 40' from the OHW. They also suggested the applicant <br />work with the Environmental Specialist on modifications to the septic system that would <br />include a pretreatment system. <br />Staff indicated they believe the variance criteria can be met in review of this case. There <br />is hardship, not created by the property owner; the hardship is not economic; the property <br />is unique as it was created prior to the adoption of the 10 -acre minimum requirement in <br />the Zoning Ordinance and the Shoreland Ordinance. There is 145' from the front <br />property line to the OHW level. A 30' front setback and a 100' OHW setback would <br />leave only 15' to build in thus making the property unusable. The balance of Reshanau <br />Lake properties maintain a similar setback to that requested. <br />Staff noted this item is on the Planning and Zoning Board meeting agenda this evening. <br />Staff recommended approval of the variance as requested based on conditions. <br />This item will appear on the regular Council agenda Monday, Feb 2000, 6:30 <br />p.m. <br />JADT FINAL PLAT UPDATE, JEFF SMYSER <br />Staff advised the City Council approved the pr <br />submitted final plat shows some differences. <br />different. This is because the final pla <br />slight adjustment in a road alignm <br />'n April, 1999. The <br />po ' o Drive alignment is slightly <br />ent supplied by the City. This <br />More importantly, the fin.z t s adhtional outlots. Instead of three (3) outlots, <br />there are now five (5) o this is that the developer encountered difficulties <br />acquiring a mort or .. eproperty. The finalplat breaks the property upin a way <br />g g P P Y <br />that allows the dev G� �o� tain a mortgage on a portion of the site. <br />Staff advised their c sT'cern with this is that the change must not create additional <br />buildable lots. The developer's attorney has stated that the developer agrees to a <br />stipulation that the lots are not buildable until the plat is revised. This is stated in a faxed <br />letter of February 4, 2000, to Bill Hawkins, City Attorney, from Gary Gandrud. <br />As long at the City Attorney assures the City that this agreement is enforceable and the <br />City is protected from any claim to additional buildable lots, staff recommended approval <br />of this arrangement. <br />The City and the developer have been negotiating the issue of the extension of Apollo <br />Drive. At the December 20, 1999, Council meeting, the Council approved initiating an <br />eminent domain action and a feasibility study for the extension of Apollo Drive. Since <br />the Apollo Drive extension now will be a public project, the developer does not have to <br />construct the road and utilities. Therefore, the typical development agreement, with its <br />3 <br />