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MS-3097 <br />Jhiic20.200S <br />Page 2 of4 <br />Background <br />This application appeared before the Planning Commission at the April 18, 2005 <br />regularly scheduled meeting. Non engineering issues were discussed as they related to <br />the preliminary plat layout At that time a formal engineering review had not been <br />completed and the application was tabled to do so. A full engineering review has now <br />been completed and the applicant has submitted revised plans. Some engineering issues <br />remain, Iwwever mostly minor and can be handled at the time final drawings are <br />prepared. <br />Issues for Dbeusaion <br />The following are the outstanding issues discussed at the last meeting. The Planning <br />Commission should come to some conclusions regarding these issues in making a <br />recommendation to the City Council: <br />1. Impacts of the project and the proposed new wetland ordinance: It is anticipated <br />that a new wetland ordinance will take effect in late August or early September. <br />This may have an impact on the development of this site as buffers and setbacks <br />to buffers are anticipated to be included in the new ordinance. With that being <br />said, buffer and setback requirements from the wetlands adjacent to the 929.4* <br />elevation will not be impacted as the 75* lake setback becomes more restrictive. <br />Buffer requirements and setbacks to buffers may be impacted with the other <br />wetlands existing on the property. There is a pond locat^ in the northwestern <br />comer of the site, “ditch wetlands** running from that pond onto proposed Lot 5, <br />and a type 3 wetland along the eastern end of the site. All jjropo^ building pad <br />locations and existing structures should meet the anticipated buffer and buffer <br />setback requirements, however septic site locations may be within the buffer <br />setback, vdtich is anticipated to be an allowed encroachment. <br />2. Guest house: At the last Planning Commission meeting the guest house was <br />discussed at length due to its non-conforming status of not meeting the required <br />50’ setback to Fox Street. If proposed Lot 6 becomes regulated as a back lot, (see <br />#3 below) then the guest house is non-conforming in both the front yard setback <br />and the side street yard setback as 150% setbacks are required. The Planning <br />Commission considered allowing the guest house to renuiin until the time the <br />main house is demolished. Staff recommends the Planning Commission discuss <br />whether the variances for the guest house should be permitted under new <br />development, and make a recommendation to the City Council. <br />3. Lot 6 as a back lot: Proposed lot 6 works as a back lot, technically, with the <br />acreage being 150% of die required area of the zoning district and a driveway <br />oudot measured 30* in width. With the back lot regulations, the existing house <br />meets the required 1 50% setbacks. Staff recommends that this lot be documented <br />as a back lot in the preliminary and final plat resolutions and that it*s only acce.ss <br />should be from the 30* platted outlot.