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Planning Commission Regular Meeting Minutes October 24, 2016 Page 2 A. Consider a request from Trautz Properties, Inc. located at 2700 and 2702-2714 1 County Road 88 for a preliminary plat request to create three lots on the site and to 2 consider a variance to allow for zero lot line. 3 4 Chairperson Gondorchin opened the public hearing at 7:04 p.m. 5 6 City Planner Rothstein reviewed staff has reviewed the proposed preliminary plat, and variances 7 requested and recommends approval of all the applications, subject to the following conditions: 8 1) Satisfactory submittal and execution of a reciprocal easement agreement which clearly 9 articulates the rights and responsibilities of the three affected landowners; 10 2) Satisfactory submittal of evidence that the final plat includes the names and signatures of all 11 the current fee owners of the land being platted; 12 3) Satisfactory submittal of evidence that the condo ownership structure is, or will be, 13 terminated prior to filing of the final plat; and 14 4) City Attorney review and resolution of any other outstanding legal issues associated with 15 recording of the plat. 16 17 Ms. Rothstein provided background information on the case. Mr. John Trautz of Trautz 18 Properties, Inc. has entered into a purchase agreement with Daniel Shattuck of Shattuck 19 Properties to purchase the multi-tenant strip mall located at 2702 – 2714 County Road 88, which 20 includes the city-owned liquor store. Shattuck is also selling the Village Pub to the current 21 operator. 22 23 The Applicants are proposing a preliminary and final plat of “St. Anthony Village Center” to 24 convert the property located at 2700 and 2703 – 2714 County Road 88 from a Common Interest 25 Community (CIC) plat to a standard “Lot and Block” plat. Additionally, variances are needed to 26 accommodate a zero setback on the proposed property line in several areas. Furthermore, two 27 additional variances are requested to bring existing lot line encroachments into conformity 28 through consideration of variances for existing non-conforming situations. 29 30 The primary reason for processing this application is to eliminate the defunct Condo Association 31 in favor of a private Easement Agreement. This easement agreement would establish a process 32 for shared maintenance of the parking areas and landscaping areas to more closely match current 33 practice. Additionally, it would be a three-party agreement among the City for the liquor store, 34 John Trautz, the new owner of the strip mall and Corey Burstad, the new owner of Village Pub. 35 This change would also be a chance to amend the existing parking and access agreement and 36 CIC documents into one, comprehensive easement agreement. Staff does not expect anything to 37 change with regard to the way the property is managed or costs are divided from current practice, 38 but to amend the documents to reflect current practice and bring in the new third party (Village 39 Pub). Because the City owns the liquor store through the CIC, the City is a party (co-applicant) 40 to this plat. 41 42 Ms. Rothstein reviewed Applicable Codes, Criteria for and Consistency with Criteria for 43 Approvals of the Preliminary Plat, Final Plat, and Variances. Ms. Rothstein noted the following 44 on the variance criteria review: 45 • Subject matter of the application is within the scope of this section – Criterion met. 46 2