01-23-1989 CC MIN - Laserfiche WebLink

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Page 5 Elk River City Council Meeting Janaury 23. 1989 e Ron Kuhn indicated that the lot size variances were necessary due to a hardship created by the irregular shape of the property caused by Kliever's Marsh. COUNCILMEMBER KROPUENSKE MOVED TO (A) DENY THE LOT SIZE VARIANCES FOR THE FOUR LOTS: (B) TO APPROVE THE VARIANCES ALLOWING 150 FT. SETBACK ENCROACHMENTS TO THE ORDINARY HIGH WATER MARK: AND (C) TO APPROVE THE PRELIMINARY PLAT FOR THE SHORES OF . BRIARWOOD PLAT OF 3 LOTS WITH THE FOLLOWING STIPULATIONS: 1. THAT THE DEVELOPER PAY $400 IN PARK DEDICATION FEES FOR THE TWO ADDITIONAL BUILDING SITES. 2. THAT THE DEVELOPER PROVIDE ENGINEERING DETAILS FOR THE DRIVEWAY TO ACCESS LOT 1. BLOCK 1, PRIOR TO CONSTRUCTING IT~ FURTHER, THAT BOTH CITY' STAFF AND BILL' HARJU APPROVE THE PLANS' FOR SAID DRIVEWAY. 3. THAT THE SPECIFIC PLANS AND SPECS FOR THE PROPOSED ROAD BE APPROVED BY TERRY MAURER. 4. THAT THE DEVELOPER REIMBURSE THE CITY FOR THE COST OF REVIEWING THIS PLAT PRIOR TO THE COUNCIL ACTING ON FINAL PLAT REVIEW~ e ; . THAT THERE BE A ONE YEAR COMPLETION DATE FROM THE DATE OF FINAL PLAT APPROVAL FOR THE' COMPLETION OF.' IMPROVEMENTS ASSOCIATED WITH THIS PLAT. 6. THAT THE COST OF THE IMPROVEMENTS IN THIS PLAT BE COVERED 100% BY LETTER OF CREDIT. ALSO, THAT ONCE THE IMPROVEMENTS ARE ACCEPTED. THAT A 25% WARRANTY BOND BE POSTED BY THE DEVELOPER IN FAVOR OF THE CITY FOR A ONE YEAR PERIOD. 7. THAT NO BUILDING PERMITS FOR LOTS WITHIN THIS PLAT BE GRANl'ED UNl'IL THE ROAD IS CLASS FIVED AND ACCEPTED BY THE CITY ENGINEER. 8. THAT FUTURE ACCESS TO LANDS ADJACENT TO THIS PLAT BE ACCOMPLISHED BY HAVING THE RIGHT-OF-WAY OF THE CUL-DE-SAC IN THE PLAT ABUT THE WESTERN BOUNDARY OF THE PLAT FOR AT LEAST 60 FEET IN WIDTH. 9. THAT THE LOWEST FLOOR ELEVATION FOR STRUCTURES WITHIN THE PLAT BE AS PROPOSED ON THE PRELIMINARY PLAT. COUNCILMEMBER HOLMGREN SECONDED THE MOTION. e Councilmember Kropuenske indicated that his reason for approval of the variance to the setbacks for the Ordinary High Water Mark is that the building sites are sufficiently high and that Kliever's Marsh would overflow 17Sth Avenue to the county ditch south of that road before it would flood the proposed houses in the plat. He further indicated that the adjacent three lots to this plat have been granted similar variances.