06-02-87 Special CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL MINUTES JUNE 2, 1987 PAGE '6 -� The other issue raised by the Planning Commission concerned whether d the concept plan approval given for this phase of the PUD in January of 1978 had expired now since there is a 6-year statute of limitations i that would presumably apply. The letter of 5-18-87 from City Attorney =i. Steve Carlson to the City Administrator indicates that the statute of limitations issue does not apply in this case. He also advises that the City should not attempt to invoke the 1979 ordinance requirements = i at this time for Phase II. City Engineer Bohrer explained that the code stated that all lots Al should have at least one acre of land suitable for septic drainfields and are sufficient for two separate and distinct drainfield sites. Under the worst conditions two separate and distinct drainfield site will require 10,000 sq.ft. of land, but on the other hand it states one acre is required. One lot can meet one criteria, but not both of the criteria. The soil has been tested and there is more than enough room for two distinct drainfields, but does not have the one acre. Bruce Folz felt that there was adequate area for four systems. They could shift the line 50 feet north or whatever it takes. Bohrer recalled that the one acre requirement came from back in the 1970's when a lot of land was being subdivided that had ponds and lakes. The small ponds were privately owned and the land was subdivided out into the ponds so we had lots that meet the 1 1/2 acre lot size, but half would have a drainage easement and the other half would be high ground. -,City Engineer Bohrer referenced Section 400 Platting,stating "Streets, -< Continuous --except for cul-de-sacs, streets shall connect with streets already dedicated in adjoining or adjacent subdivisions or provide for future connections to adjo-;ining unsubdivided tracts or shall be a reasonable projection of streets in the nearest subdivided tracts. ,,� The origin street shall be considered in relation to a reasonable circulation of traffic to topographic conditions to runoff storm i'water, public convenience. In the next paragraph of the code it stated - "local streets shall be so planned as to discourage the use by non -local traffic. Dead-end streets are prohibited, but cul-de-sacs •^shall be permitted because of topography." In this way, through =streets and planning for through -streets are actually encouraged, and acul-de-sacs are permitted based upon topography. In this case, Bohrer felt we should not hold to the 800 foot maximum for cul-de-sacs, but rather encourage the future extension of the street. Bohrer recommended putting in the cul-de-sac as shown and the road not -go through unless the City gets a petition from adjacent property owners. Then the cul-de-sac can be eliminated easily and become a -,through street as in Foxfire and Teal Pass. _-_ There is a provision in the code if a road could go through in the ( future that it be platted all the way to the edge of the subdivision and then fitted with a temporary cul-de-sac. Bohrer,belives this road would go through and the provision in the code is proper. The Council considered the cul-de-sac as temporary so a variance was not needed.