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REQUEST FOR COUNCIL ACTION DATE: September 25, 1998 ITEM NO.: 7 Department Approval: Iv. -~ Name Michael P. Gaffron / '{W- Administrator Reviewed: Agenda Section: Zoning Title Senior Planning Coordinator Item Description: #2412 Steve White, 4355 Bayside Road -Class I Subdivision (Renewal) - Resolution Zoning District: RR-IA, 5 acre rural residential (north of Bayside Road) Summary of Request RR-lB, 2 acre rural residential (south of Bayside Road, north of quarter section line) LR-1 A, 2 acre lakeshore residential ( south of quarter section line) This is a renewal of applicant's 1997 approval to split this 5 5 acre property into two parcels to create one additional building site. Parcel A, the new building site, is proposed at 28.3 acres in total area of which 21.1 acres is dry buildable. Parcel B, with the existing house, will be 26.8 acres in area of which 21.1 acres is dry buildable. List of Exhibits A -Resolutiori B -Memo and Exhibits of 9/17 /98 Discussion This subdivision was proposed by applicant in order to allow construction of a new residence on the westerly half of the property. The original Council approval was granted in October 1997 and expired in April 1998. The approval expired prior to filing of the subdivision because the applicant was hesitant to provide the required Conservation and Flowage Easement over the wetland adjacent to North Arm bay. His issue was (is) that the standard Easement language would preclude him from even applying for a permit to construct a dock to get to Lake Minnetonka, which his property abuts. Staff has reviewed our standard easement language ( see Exhibit G of September 17 memo) with the City Attorney and we have concluded that applicant's requested changes would change the scope of the easement, which requires Council approval. Applicant's attorney had originally suggested two changes, neither of which were acceptable to staff. The first would have added a condition G as follows: