HomeMy WebLinkAboutgr00090_000047_pg167June 26, 1978 Page 5
Mayor Pickar closed the public hearing and opened the next public hearing.
MOUNDS VIEW SQUARE ADDITION PRELIMINARY PLAT AND REZONING
Mayor Pickar stated that the hearing would be directly affected by Project 1978 -5.
Engineer Hubbard added that the Council should not take any final action until the
storm sewer improvements were ordered.
Mr. Olson stated that he and Mr. Eigenheer last been before the Planning Commission
in April, where the issue was tabled pending a decision on the storm sewer and
Edgewood Drive. Mr. Olson pointed out on the plot plan that there is an existing
subdivision to the east, a swampy area to the north, Edgewood Drive on the west and
County Road I on the south, and showed on the plot plan what they have planned.
Councilmember Baumgartner expressed concern with how the lots would drain, since the
lots that would drain south would add to the problems already in that area.
Mayor Pickar pointed out that Staff had recommended a sketch plan and asked why
Mr. Eigenheer and Mr. Olson had not decided to go with it, since it added one extra
lot and did not require any variances. Mr. Eigenheer replied that the Staff plan
did not take into consideration the contour of the land, since some lots would
require a good deal of fill, whereas with his plan he would only have to fill in
three lots. He added that with Staff's plan, he most likely would have to tax
forfeit the four lots due to the expense of filling them.
Mayor Pickar asked why they could not fill the lots on the Staff plan, as they would
have to fill those same lots on their own plan. Mr. Eigenheer added that they also
did not like the depth of the lots on the sketch plan. Mayor Pickar pointed out that
with Staff's plan they would be gaining one more lot.
Engineer Hubbard pointed out that if the roadway was shifted 5' to the south on
Mr. Eigenheer's plan, all the lots would meet code. Mr. Olson stated that the
Council must remember that this is what the developer wants to do, and unless there
are major problems, he should be allowed to do it.
Administrator Achen expressed concern that enough fill would not be brought in for the
lots, which would contribute to the water problems. Mr. Olson replied that the drainage
would be taken care of.
Councilmember Rowley stated that there were many drainage problems that would have to
be solved first, and that also, if and when the preliminary plat is approved, there
are two variances required and that developers have been turned down in the past for
not showing hardship. Councilmember Rowley asked if that hardship would have to be
shown in this case. Attorney Meyers replied that it would, and that it would have
to be proven that it was anunsolveable problem before a variance could be granted. He
added that if the Council were to grant a variance without applying the test the courts
have applied, it would weaken the City's position for enforcing variances later.
Mr. Eigenheer stated that the variances required were small variances.
Administrator Achen pointed out that if the houses were to face on County Road I,
traffic in the future would be getting heavy enough that the residents would have a
hard time getting out onto County Road I. He added that the drive should come in
from the same direction the house faces.