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Page 4 City Council Minutes October 19. 1987 e 5.7.Administrative Subdivision/Harold Dobel/Public Hearing Councilmember Dobel left the Council table at this time. Mayor Gunkel indicated that Harold Dobel is requesting an administrative subdivision to split an approximately 2.5 acre parcel from a 60 acre parcel of land. The Building and Zoning Administrator indicated that Mr. John Mooney had entered into a contract for Deed to purchase this 2.5 acres from Mr. Dobel in May of 1984. however. this was not legally split due to the fact that it did not receive Council approval. nor was it recorded. To further complicate the issue. Mr. Mooney was issued a buildng permit for a storage building on the proposed lot in July of 1984. Mr. Rohlf indicated that in October of 1984. the City of Elk River put a moratorium on private roads entering on to gravel roads. Mr. Rohlf explained that a private road would be created with the approval of this administrative subdivision. Mayor Gunkel opened the public hearing. There being no one for or against the matter. Mayor Gunkel closed the public hearing. e Councilmember Tralle stated the administrative subdivision should be granted due to the fact that the circumstances have already been created. such as the City issuing a building permit in 1984. He stated it would be unfair to not allow entrance onto land on which a building permit was granted. Councilmember Schuldt indicated he concurred with Councilmember Tralle. COUNCILMEMBER TRALLE MOVED TO APPROVE THE ADMINISTRATIVE SUBDIVISION REQUESTED BY HAROLD DOBEL TO SPLIT AN APPROXIMATE 2.5 ACRE PARCEL FROM A 60 ACRE PARCEL OF PROPERTY. LOCATED ON THE SW 1/4 OF THE NE 1/4 AND THAT PART OF THE NW 1/4 OF THE SE 1/4 LYING NORTH OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY IN SECTION 30. TOWNSHIP 33. RANGE 26. SHERBURNE COUNTY. MN. WITH THE FOLLOWING STIPULATIONS: 1. THAT A PRIVATE ROAD AGREEMENT BE ENTERED INTO BETWEEN MR. DOBEL. MR. MOONEY AND THE CITY OF ELK RIVER. 2. PROOF OF PERMISSION FROM THE RAILROAD BE PROVIDED TO THE CITY FOR THE ADDITIONAL LOT TO BE ACCESSED FROM THE PRIVATE RAILROAD CROSSING. 3. THAT WHEN MR. DOBEL' S PROPERTY IS FURTHER DEVELOPED. THE CITY STREETS BE DESIGNED TO ACCESS THIS LOT ELIMINATING THE PRIVATE DRIVE. 4. THAT THE SOUTH AND WEST PROPERTY LINES REQUIRE SETBACKS AS REQUIRED IN FRONT YARDS. 5. THAT $200 PARK DEDICATION FEE BE PAID TO THE CITY OF ELK RIVER. e COUNCILMEMBER SCHULDT SECONDED THE MOTION. THE MOTION CARRIED 4-0. Councilmember Dobel returned to the Council table at this time.