01-22-2002 CC MIN - Laserfiche WebLink

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City Council Minutes January 22, 2002 Page 8 Councilmember Tveite stated that there is a hardship on Mr. Jones due to the limited building area of the lot, the shape of the house, and the NSP easement. He felt that Mr. Jones does meet the variance requirements. Mayor I43inzing felt that Mr. Jones meets the variance requirements and he should not have been issued a building permit. She stated that she is still concerned about drainage issues on this property. Mr. Maurer stated that the lot drains to the east of the home and drainage shouldn't be an issue. Mr. Maurer stated that Mr. Jones would use a hydroseed mLx if the retaining wall were not required. Councilmember Motin stated that he felt the applicant is borderline on meeting the requirement of a variance. He suggested that some type of agreement be set up with the applicant that would be reviewed on an annual basis stating that if the hydroseeding does not work within five years then the city can require a retaining wall. COUNCILMEMBER MOTIN MOVED TO TABLE THIS ISSUE UNTIL MARCH 18, 2002, SO IT CAN BE DETERMINED BY THE CITY ATTORNEY IF IT IS FEASIBLE TO DRAFT A DOCUMENT THAT COULD BE RECORDED AGAINST THE PROPERTY AT 11740 200thAVENUE STATING THAT IF THE HYDROSEEDING MiX FOR MAINTAINING THE HILL BEHIND THE HOUSE IS NOT SUCCESSFUL THEN THE CITY CAN REQUIRE THE APPLICANT TO BUILD A RETAINING WALL. COUNCILMEMBER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6.4. Request by Cascade Land Co. for Preliminary Plat Approval ,(Park Pointe), Public Hearing - Case No. P 01-13 Councilmember Motin stepped down from this issue due to a conflict of interest. Staff report submitted by Planner Chris Leeseberg. Mr. Leeseberg stated that Dynamics Design and Land Company is requesting preliminary plat for Park Pointe, a subdivision of 95 lots. This plat was brought to and discussed for Council approval on December 17, 2001 but it did not meet the requirements for park dedication fees. The applicant has amended the park dedication requirements. Mayor IG/nzing opened the public hearing. Jim Brown, Representative for Dynamics Design - Stated that the requirement regarding the dedication of land from the replat of Outlot E equaling 10 percent of the land area will be adjacent to the water's edge linking the parcels given from Park Pointe should be excluded from the conditions required for this plat. Mr. Brown stated that they do not o~vn this parcel. John Kuester, Park and Recreation Commission Chair - Stated that the Park and Recreation Commission would like to see a trail connection around K3iever's Marsh through Out_lot E. He discussed the different trail options that were discussed with the developer.