05-09-1988 - Agenda Packet City Council - regular meeting

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Zoning File #1218 Page 2 provides a more detailed account of the unique history surrounding these properties. Mr. Callahan represents the estate of Ruth Smith (Mrs. Spencer) and has filed the subdivision application in order to resolve the matter of the illegal transfer of land and to clear title for the sale of the remaining property for the estate. Review of Current Application The two lot plat as proposed is not a complex application. The various issues raised during the review have been resolved except for the unresolved septic matter that finally resulted in the Planning Commission's denial recommendation at their April meeting. At the November meeting, staff had recommended that the lot lines as proposed be realiq,ied to provide an access corridor for the larger lot to the east in ordei to provide room for a private road to serve potential four to five lot plat. Review Exhibit K, the east boundary of Lot 2 that abuts Orono Orchard Road contains a major designated wetlands area. The wetland is also classified as a DNR protected wetlands and would never receive approval of the encroachment of a future drive. It was the responsibility of the City to assure future access if the lot was to be subdivided in the future. After that meeting, staff was advised by Mr. Callahan that the prospective buyer of the larger lot was the adjacent landowner, McMillan. Future access, if developed, w-.!Id no longer be a problem as access could be achieved via the east and southern parcels of the McMillan holdings, re-iiew Exhibit C. At any case, Planning Commission found no problem as long as the condition was placed in the final resolution approving the plat, advising the -uture landowner, that if indeed the lot was to be farther subdivided, that access could no longer be achieved via the existing private easement, but that access would have to be found via the surrounding land corridors. Per E, Cook's review, the existing access drive has been recommended to serve the proposed two lot plat. The other, smaller wetland's classification within Lot 2 has yet to be resolved and really is not an issue for the City. We will ask that the wetland be designated on the final plat. As of this writing, it is my understanding that staff has not been asked to review new information concerning the status of the wetland. All existing structures meet the required setbacks from the proposed lot lines. The deteriorating accessory structures on Lot 2 are a seperate issue and will be dealt with in a seperate action concerning a probable hazardous building action. The existing residence structure has been rented and may continue to be rented by the new owner. In reviewing Exhibit G, the septic mapping of the proposed site, you will note that the system that serves the residence on Lot 1 appears to encroach quite close to the dividing line. Staff has asked for confirmation of the exact location of the existing septic system, prior to approving the