06-28-2004 Council Packet - Laserfiche WebLink

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Date Application Received: 4-21-04 Date Application Considered as Complete: 4-21-04 120-Day Review Period Expires: 8-20-04 To:Chair Mabusth and Planning Commissioners Ron Moorsc, City Administrator From: Date: Subject: Mike Gaffron, Planning Director May 14, 2004 vA #04-3016 Henry Lazniarz/Wayzata Design & Development -120 Brown Road S. Preliminary Plat - Planned Residential Development (PRD) - Public Hearing Zoning District: Lot Area: RR-IB Single Family Rural Residential, 2-acrc min. 20 acres Total, 14 Acres +. Dry Buildable Application Summary: This is a proposed 7-lot residential plat (PRD) of property abutting the Luce Line Trail and Long Lake Creek. The developer, Henry Lazniarz of Wayzata Design and Development, is purchasing the property from the Van ’"cckhouts The proposal includes development of a private cul-dc-sac road accessing from Drown Road South. The property is in the Metropolitan Urban Service Area but does not abut any existing municipal sewer lines. The proposal includes obtaining municipal water and sewer from the City of Long Lake. The site is wooded and contains an existing single family residence. This property was the subject of extensive reviews by the Planning Commission and Council during the period 1999-2001. A variety of schemes ranging from 4 lots to 7 lots had been proposed, but the ultimate result was denial based on the lack of suitable access to the site. The owners of the property, the Van Eeckhouts, have taken legal action to have their existing casement declared as usable for access to the property. City Attorney Tom Barrett has reviewed the Findings of Fact, Conclusions of Law, and Order of Judge Holahan filed on May 5,2004, and has concluded that the findings indicate the existing access easement docs not provide suitable access meeting all regular City requirements for subdivision. However, Mr. Barrett suggests that the City proceed with review of the application through the preliminary plat approval stage. If the developer ultimately cannot meet the conditions imposed by the City for final plat approval, final plat approval will not be granted. Staff Recommendation: The nature of this property is such that a relatively small portion of the 20-acrc total is suitable for actual construction, due to the existence of wetlands, drainage ways, the creek, and steep slopes. The property is a candidate for d vclopmcnt as a PRD, in staff s opinion. Planning Commission is advised to make iccoiumendatioits regarding a small number of issues that will affect the layout of the subdivision. The result of those conclusions will affect the final recommendation to Council, and the final plat layout.