8.2. SR 07-15-2019 - Laserfiche WebLink

Home Browse Search

Mr. Peter K. Beck July 11, 2019 Page 2 Agreement was between the City and the original developer. By its owns terms, the Development Agreement has been satisfied and is no longer operative and is certainly not binding upon the current owners of the property. Additionally, the Elk River City Council never formally approved the Development Agreement. Accordingly, Ms. Schultz respectfully requests that her lot split application be approved as supported by the following findings: 1. The lot split will create only one new lot. 2. Any further subdivision of either newly created lot will have to be approved by the City and may be conditioned upon extending Victoria Drive. 3. The applicants and the purchasers of the newly created vacant lot will agree to no further subdivision of their parcels without City approval, which could includeas a condition of approval the construction of a road extending Victoria Drive to the north. 4. The creation of an additional lot on Victoria Drive will not create any traffic safety or congestion problems. 5. The 1993 Development Agreement between the City and the original developer has been satisfied and no longer controls the applicant in the development of this property. 6. The 1993 Development Agreement was never formally approved by the Elk River City Council. 7. The application meets all 8 applicable developments regulations, as described in the City Staff Report, prepared for the June 3, 2019, City Council meeting. 8. The creation of the additional lot on Victoria Drive will not require Victoria Drive to be lengthened and the variance granted for Victoria Drive as a legal cul-de-sac is still valid and operational. 9. The City recently approved another driveway opening onto Victoria Drive from the property owned by Paul and Catherine Juenemann, which is adjacent to the applicants’ property, and the 1993 Development Agreement was not found to be a bar to that approval. 3149180.v1