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M4-3016 <br />June 24,2004 <br />Page 3 <br />Because this is a PRD, the City has the ability to impose higher standards to mitigate any neg''tive impacts <br />of the clustering while preserving substantial areas of wooded ‘dry-buildable’ land as open space that <br />would otherwise have homes on it. <br />Another option to consider if the views from outside the site are a conceri, might be to require even smaller <br />lots, with lesser setbacks, further compacting the area to be developed and maximizing the open space. <br />Philosophically, it’s a question of accepting dense development in one small portion of a property in order <br />to save the rest of it. It would be nice if someone would buy the entire site and build one house, but that <br />hasn’t happened... <br />Accessory Buildings - A discussion should be held regarding required setbacks for accessory buildings, <br />where will they be allowed, where will they not be allowed (to preserve buffer to perimeter neighbors, etc.). <br />They obviously will not be allowed within the 0-75’ creek setback, nor in the defined front yards. <br />Road Access. Applicant has provided a copy of the easement agreement he has obtained with Mrs. Dunn. <br />The City Attorney is reviewing this to confirm whether it meets the City’s requirements for access, and will <br />also be reviewing the ability of the developer to privately use tlie adjacent 10 ’ public road easement granted <br />to the City as part of the Kallestad Acres subdivision. <br />Allowed Uses in Open Space Outlot. Council should consider what uses (i f any) miglit be allowed in the <br />Open Space Outlot. As a minimum, staff would recommend no structures, no fences, no domestic animals <br />(i.e. no horses, sheep, chickens, etc.), no tree or vegetation removal except by special permit for <br />maintenance, no excavating or earth movement; OK to maintain walking paths, and perhaps allow the <br />existing small pedestrian bridge across the creek to be maintained or reconstructed but not expanded... <br />and per Park Commission recommendation, only one trail access point to Luce Line trail. <br />Staff Recommendation <br />Staff recommends approval of the proposed subdivision as a PRD, subject to the following general or <br />specific conditions: <br />1. <br />2. <br />Acceptance of the proposed 7-lot plat on 14.0 dry buildable acres and acceptance of the <br />proposed lot sizes, configuratiotrs and setbacks; except that die areas shown on the preliminary plat <br />drawing as “Proposed Conservation Easements” shall be platted as an Open Space Outlot for <br />ownership by a homeowners association. Rear setbacks shall be re-established for the affected <br />individual lots and depicted on a revised preliminary plat drawing to be provided by the applicant <br />Applicant shall submit for Council review and acceptance a draft “Conservation Easement” <br />specifying the proposed conditions and limitations to be placed on the Open Space Outlot. Such <br />easement may include provisions for the existing wood creek crossing bridge to remain on the <br />property and address potential liability issues for use, maintenance or replacement of such bridge. <br />Such easement may irKlude provisions for the construction of a private trail with no more than one <br />(1) connecting point to the Luce Line Trail, subject to approval of the MnDNR.