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

Home Browse Search

Zoning File #1218 Page 3 location of the dividing line. The long delay for this review has surrounded the question of the exact location of the existing septic system that serves the house on Lot 1. Mr. Berg, Dettloffs attorney, gave no support to staffs request for confirming information as to the exact location of the septic system nor would he agree on the part of his client, to move or install a new system if the present system encroached into Lot 2. The Planning Commission supported staffs position throughout the entire review. Unfortunately, at the April meeting of the Planning Commission, a letter was submitted written by Mr. Berg, advising under the authorization of his client, Cedrick Dettloff, now would agree to relocate the on -site septic system if tests were to disclose that the existing system did encroach into Lot 2. The City had finally received written aforemation from the second party to this joint application, review Exhibit Q. The Planning Commission denied the application not realizing the import of the subject letter. Staff now recommends approval of the preliminary plat based on either a confirmation of the exact location prior to final subdivision approval or to set a specific deadline for Mr. Dettloff to confirm the location and to install a new system if necessary within a year from the approval date of the final plat and to possibly ask for the posting of appropriate security if Council deemed it necessary. If Council wishes more detail on this review, please review Exhibits 1, 2, and 3, the previous staff memos drafted for the earlier reviews. Staff Recommendation: To approve the preliminary subdivision application of the Estate of Ruth Smith/Cedrick Dettloff finding all pertinent standards of the RR-1B zoning district have been satisfied for a two -lot plat subject to the following conditions: 1. Prior to final plat approval, the owner of Lot 1 shall confirm the exact location of the septic system that serves the existing residence and if said system if found to encroach into Lot 2, owner shall install a new system to serve existing residence by June 1, 1989. 2. Prior to final plat approval, applicant may wish to resolve classification of soils type of a designated wetlands along the western edge of Lot 2. If staff confirms the area functions as a wetland, the wetland mu.t be designated as drainage easements on the final plat. 3. Future owner of Lot 2 is hereby advised that if Lot 2 is developed into two or more lots that the existing shared drive shall not be approved as an appropriate or legal access and that an access corridor will have to be provided via an adjacent property. Access cannot be provided via the designated wetlands within Lot 2, located adjacent to Orono Orchard Road, as it is a protected DNR and Municipal wetlands. The enclosed resolution has been drafted per the staff recommendation.