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to <br />Zoning File 41218 <br />February 10, 1988 <br />Page 2 of <br />The resolve of the issue of the Kilkenney soils classified as wetlands <br />located to the east of I.ot 2 must also be determined later in the spring. <br />Early spring will be the perfect time for staff to determine the true soils <br />classification. <br />Staff will also ask that you make the determination regarding a <br />penalty fee and to review once again Section 11.02, Subdivision 11 <br />(A)(B)&(C). In light of the history of this application, Planning <br />Commission may feel it more appropriate dividing the penalty fee between <br />the two applicants. <br />Larry Berg, attorney for Cedrick Dettloff, has advised staff that <br />there is a State law that would prohibit the City from asking for <br />dedication of road right-of-way with a two -lot plat. Staff has asked Mr. <br />Berg to submit the State law for the City Attorney's review and comment. <br />As of this writing the City has received no information from Mr. Berg. Per <br />Section 11.32, Subdivision 1, the City will ask for the dedication of <br />roadway adjacent to the subject property for Orono Orchard Road. <br />Staff Recommendation: <br />To i.pprove the preliminary subdivision application of the Estate of <br />Ruth Smith/Cedrick Dettloff finding all pertinent standards of the RR-lB <br />zoning district have been satisfied for a two -lot plat subject to the <br />following conditions: <br />1. Prior to final plat approval, the owner of Lot 1 shall confirm the <br />exact location of the septic system that serves the existing <br />residence. <br />2. In early April, the City staff will confirm the exact <br />classification or soils type of the designated wetlands within Lot 2. <br />If this creates a delay for the applicants, the wetlands may be <br />defined on the plat as shown on designed wetlands maps of the City in <br />order to determine if the wetlands need be defined as drainage <br />easements on the plat. <br />3. Prior to final plat approval, the City must receive full penalty <br />fee payment (double subdivision application fee, an additional <br />$250.00). .? <br />4. Future owner of Lot 2 is hereby advised that if Lot 2 is <br />developed into two or more lots that the existing shared drive shall <br />not be approved as legal access and that an access corridor will have <br />to be provided via an adjacent property. Access cannot be provided <br />via the designated wetland within Lot 2, located adjacent to Orono <br />Orchard Road, as it is a protected DNR wetland. <br />