08-01-2005 CC MIN - Laserfiche WebLink

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. . . City Council Minutes August 1, 2005 Page 2 3.10. RESOLUTIONS 05-81 APPROVING PREMISES PERMIT RENEWAL AND RESOLUTION 05-82 APPROVING ANNUAL OFF-SITE GAMBLING FOR ELK RIVER YOUTH HOCKEY ASSOCIATION MOTION CARRIED 5-0. 4. Open Mike Noone appeared for Open Mike. 5.1. Request by A & R Land Development for Simple Plat (]vfeadowvale). Public Hearing - Case No. P 05-10 Staff report submitted by Planner Chris Leeseberg. Director of Planning Michele McPherson indicated that the applicant is requesting an Administrative Subdivision to subdivide a 31.73-acre parcel into three lots (Meadowvale). The subject property is located at the northwest comer of County Road 32 (Meadowvale Road) and 225th Avenue. Ms. McPherson stated that as a condition of approval, Sherburne County will obtain 2.24-acres of right-of-way for future road improvements and off street trail corridors which will leave the applicant with 29.49-acres of land to subdivide. Ms. McPherson indicated that the property is located in an area that will have 2 V2 -acre lot minimums beginning in January 2010 but the applicant has elected to subdivide the property at this time rather than waiting. Ms. McPherson explained that the Al zoning district currendy requires lot sizes to be a minimum of 10-acres. The proposed plat would create three 9.83-acre parcels. Ms. McPherson stated that a lot area variance was unanimously granted by the Board of Adjustments on July 26, 2005 and that aside from the total acreage, the lots comply with the dimensional requirements for the Al zoning district. Ms. McPherson also explained that the applicant and staff have received correspondence from Mr. and Mrs. Stadden, who own several hundred acres adjacent to this property in Big Lake Township, regarding a property line dispute for approximately V2-acre on the west side of the ditch. Ms. McPherson noted that property line disputes are a matter of civil action and normally the city does not become involved with these disputes. Mayor Klinzing opened the public hearing. David Stadden, 22577 147th Street, Big Lake Township - stated that he and his wife have owned their farm for over 30 years and have always considered the ditch as the property line. Mr. Stadden indicated that they have cleaned and maintained the ditch for many years and that he has concerns that if they are not granted an easement to the ditch that it may not be properly maintained and it could cause several hundred acres of land to flood. He stated that the attorneys in this matter have been trying to come up with a deal to grant an easement to him and his wife but they have nothing signed yet so they would like the Council to table the request until they have a signed agreement. Sylvia Stadden, 22577147th Street, Big Lake Township - indicated that since she and her husband received the public hearing notice regarding the Administrative Subdivision of the above property, they have been doing what they can to be granted access to the ditch. Ms. Stadden noted that she believes that the ditch is actually part of their property. She requested that the Council table the Administrative Subdivision request until an agreement can be reached.