05-21-1990 Planning Packet - Laserfiche WebLink

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Zoning File #1531 May 16, 1990 Page 3 of 4 The final plat must show a dedication of C-sco Point Road up to the southerly lot lines of Lots 1 and 2. Municipal sewer and water lines are all located within the rights-of-way of Casco Point Road and Maple Avenue. As already noted. Lot 2 is not riparian to Lake Minnetonka. In a similar subdivision review, because the City failed to file a restrictive covenant against a non-riparian lot, the courts upheld the property owner's rights to achieve access via a walking easement through an adjacent property. The courts did not recognize the final resolution approving the plat that noted the lot had no riparian rights. Staff will ask the City Attorney to draft an appropriate restrictive covenant denying all riparian use to Lot 2 of Lake Minnetonka. Options of Action - Denjla^_^ If Planning Commission poses a denial recommendation, please refer to the necessary findings set forth in Chapter 11. Approval. If approved, the following findings may be considered: 1. The proposed division satisfies lot standards of the LR- IC zoning district. 2. The subdivision has been found to meet all pertinent standards of the subdivision regulations. 3. There is adequate sewer and water to serve the newly proposed lot. Approval is subject to the following conditions: 1. Upon application for a building permit for new construction on Lot 2, the future owner shall pay the following sewer and water fees: Sewer unit charge * 1,513.86 Watt' unit charge = 1,691.78 It should also be noted that this rate is based on the 1990 fee schedule and will be adjusted based on the inflationary rate in 1991 fee schedule. 2. The City to file a restrictive covenant against the title of Lot 2, denying all riparian access and use of the lake via Lot 1 of this subdivision.