CCP 01-22-2008 - Laserfiche WebLink

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Approved commissioner Zisla arrived at 7:23 pm. The applicant is requesting Preliminary Plat approval in order to create two lots on one block to be known as DONALDSON LAKE ESTATES. The existing lot contains one single family home, with the proposed plat allowing for development of one additional single family home. The applicant intends to retain the existing home, located on proposed Lot 2; however it is proposed that the existing attached garage would be removed in order to maintain the required 5' setback from the proposed lot line. The applicant has shown on the preliminary plat drawing that a side -loading garage on the south side of the home can be accomplished within all required setbacks. Other additional structures and encroachments will have to be eliminated and/or addressed through easement in conjunction with the final plat application. The applicant met with staff nearly a year ago when the property was for sale inquiring about whether the lot was subdividable. It was determined at that time that the lot was subdividable if certain structures were eliminated. Staff has recommended that the applicant pursue preliminary plat approval, which will establish a set of conditions under which a final plat can be approved. The applicant agreed to this process as the lot could be marketed following preliminary plat approval and the potential buyer would be aware of the plat conditions. The process also allows the applicant time to remove the required structures and encroachments. The other option would have been a Minor Subdivision where the applicant would have had to remove all the structures prior to approval of a Minor Subdivision. The applicant stated that the encroaching split rail fence should not be an issue, since they have shared the lot *e and fence with adjoining neighbors for several years. Motion by Zisla, second by O'Brien to CLOSE THE PUBLIC HEARING. 6 ayes, 0 nays. MOTION APPROVED. Motion by O'Brien, second by I-loward to APPROVE THE PRELIMINARY PLAT, KNOWN AS DONALDSON LAKE ESTATES, SUBJECT TO T)IF. FOLLOWING CONDITIONS: I. The applicant shall file for final plat approval within 12 months of the date of Council approval of the preliminary plat. 2. At the time of final plat submittal the applicant shall pay park dedication fees for the newly created lot, arnounting to $1,550. 3. Prior to final plat approval the applicant shall remove the existing detached garage located in the northwest corner of proposed Lot 1. 4. Prior to final plat approval the applicant shall remove all structure within 5' of the northern lot line of proposed Lot 2. 5. Prior to final plat approval the applicant shall remove all bituminous driveway within 5' of the northern lot line of proposed Lot 2. 6. Prior to final plat approval the applicant shall remove the shed located along the shoreline of proposed Lot 1, unless the structure is permitted under Rice Creek Watershed District rules. 7. Prior to final plat approval the applicant shall resolve ownership of the split rail fence located on both proposed Lot 2 and 1235 12`x' Avenue NW. Resolved ownership shall mean the fence shall exist solely on the lot which claims ownership or an easement addressing ownership and maintenance shall be submitted 0 for City Attorney review. 8. A permit from the Rice Creek Watershed District shall be submitted in conjunction with a building permit for proposed Lot 1. Page 4 or 12