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CITY F, RO RESOLUTION OF THE CITY COUNCIL tiG~� NO. 6 52 6 ,EsHo4 of 1000 feet technically requires a length variance, which variance is justified by the limited number of homes to be served and the lack of alternatives to the road length based on the shape of the Property and the location of homes being served. The Council finds that the private road segment that currently exists at a paved width of 20 feet and serves as a mature tree -lined driveway for the existing residence should be retained at its current width. This will maintain the rural estate character provided by the existing trees which also provide a natural backdrop and visual screening from Sixth Avenue North of the homes to be constructed on Lots 1 through 4, Block 1. From the point at which the proposed private road diverges from the existing driveway to the proposed cul-de-sac, the private road shall be constructed at the standard width of 24 feet. 10. The private road will be subject to homeowner association ownership and maintenance, and subject to an underlying Road, Drainage and Utility Easement to be granted to the City, as well as a "Declaration of Covenants, Conditions, Restrictions and Private Roadway Easement" either as a separate document or incorporated into the development covenants. The private shared driveway shall be privately maintained but because it is serving just two homes, underlying City easements shall not be required but a shared driveway easement and covenant shall be established between the two lots being served. 11. The Developer has proposed to establish within the wooded lots a covenant for tree protection that will allow only minimal tree removal in order to create residence structures, accessory buildings, and ancillary facilities such as septic systems, wells and driveways. Additionally, the covenants will establish "no -cut" zones within these wooded lots, as well as requirements for tree replacement if excessive tree removal occurs within the protected areas. The covenants are proposed to be enforceable by the homeowners association and individual homeowners within the association. 12. Each proposed lot contains at least 2.0 acres of dry buildable land and has a proposed building site meeting the RR -1B setback standards (50' front and rear, 30' sides, and 100' from the OHWL of Mooney Lake). Proposed Lot 6 contains an existing residence structure of which portions are located approximately 75 feet from the OHWL; this residence will be considered as legally nonconforming as to lakeshore setback, but if it is removed the replacement home will be expected to comply with the 100' setback requirement. Draft 7/27115 MPG Page 4of13