04-16-2018 Planning Commission Packet

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Item 4 Date Application Received: 02/13/18 Date Application Considered as Complete: 04/09/18 60 - Day Review Period Expires: 06/08/18 To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Melanie Curtis, Planner mcc Date: 16 April 2018 Subject: #LA18-000012, Mark Stipakov, 2150 Sixth Avenue N / Outlot A Phillips Woodland Terrace 3rd Amend Conditions of Preliminary Plat Resolution No. 4202 Public Hearing Application Summary: The applicant is requesting approval of an amendment to the original conditions of subdivision approval regarding the driveway. Staff Recommendation: Planning Department Staff recommends approval. Application Summary The applicant, Mr. Stipakov, has described his request and proposed use for the property in a letter dated June 12, 2017 (attached as Exhibit B). The request is to allow a 'hammerhead' type turnaround, in lieu of the typical required cul-de-sac. The turnaround will require the creation of an easement. The impetus for the request is the applicant's desire to develop the vacant property. Background Phillips Woodland Terrace 3rd Addition ("PWT 3rd") received final plat approval in 1999. This subdivision created 2 lots and one outlot from then Lot 1 Block 1 Phillips Woodland Terrace 2nd Addition. Adding the third lot, the Council required the platting of a 50 foot wide road, but did not require a cul-de-sac as was the standard at the time, and is so currently. Council discussion at the time included a review of the cul-de-sac requirements. No review has been completed. The City also did not require an upgrade of the private driveway to a width and profile of a private road at that time. These improvements, "to city standards" was deferred until the subject lot was developed. PWT 3rd preliminary plat Resolution No. 4202 states the following: 1. The applicant shall execute covenants to define responsibility for construction and maintenance of the driveway in Outlot A, and to define future financial obligation of the owners of 2140 and 2160 Sixth Avenue North at such time the driveway is upgraded to City standards to serve a third residence on Lot 2 (i.e. 2150 Sixth). [Page 3 ¶4] 2. No building permit will be issued for Lot 2 until the construction of driveway and drainage improvements is complete. [Page 3 ¶71 The minutes and Resolution from this meeting are attached. Although the discussion regarding the cul-de-sac is somewhat reflected in the minutes, the translation to the resolution language is