09-11-2017 Council Packet - Laserfiche WebLink

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AGENDA ITEM There has also been written correspondence between the applicant and the attorney representing the owners (Jay and Tera White) of 3560 Ivy Place regarding access and encroachments. The back and forth between the two parties is attached as Exhibit F. The City is not in the position to determine the lawfulness of the access, as the applicant has represented they have legal access. To the extent that the access is modified through court order or other means, the plat would be voided. 6. Staff Recommendation. Staff recommends approval subject to several conditions, listed below and in the draft resolution. 1. No structure may be closer than 75 feet to the lake on either side. 2. Regardless of timing of construction on lots 1 or 2, the Average Lake Shore Setback shall be 75 feet from the Ordinary High Water line on all sides. 3. The property line between lots 1 and 2 shall function as a side property line, requiring 15 feet setback (150% of 10 feet side yard setback for LR -1C). 4. All comments of MCWD, outlined in their memo of August 10, 2017. 5. Declaration and documentation of wetland buffer as required by MCWD. 6. All comments of the city engineer, outlined in a memo dated August 14, 2017 shall be addressed. 7. Comments from the Fire Chief shall be addressed, including the principal structures within the Plat shall include fire suppression systems subject to the approval of the Fire Chief. 8. Ivy Place shall be inspected and its condition noted prior to construction. All damage shall be repaired to the satisfaction of the city prior to release of financial security. 9. Additional approvals a. Variance from the wetland setback b. Variance of wetland buffer impact (Watershed District) c. Conditional Use Permit for filling in the floodplain d. Successful vacation of the existing Driveway easement (Doc. 1023891) e. Successful realignment of a underground utility easement (Document Nos. 855727 and 862192) 10. The applicant had represented they have legal access. To the extent that the access rights are modified through court order or other means, the plat would be voided. 11. The following estimated fees are due at the time of final plat unless otherwise noted Stormwater and Drainage Trunk: The property will be subject to the Stormwater and Drainage Trunk Fee (SW&DT Fee) on a per -lot basis at the rate of $3,025 per lot for this half -acre zoning district ($6,050 total) per the 2017 Fee Schedule. Prepared By: J. Barnhart Reviewed By: J. Barnhart Approved By: _1