09/13/99 - Laserfiche WebLink

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Planning Commission Action: Commissioner Harrington made a motion and Commissioner Donndelinger made a second to recommend a Motion to recommend approval of the minor subdivision subject to the following conditions to the City Council: 1. Approval of a resolution waving platting requirements. 2. The resolution waving platting requirements and a certificate of survey shall be recorded with the County. A copy of the certificate of survey shall also be filed with the City. 3. The applicant shall pay $850.00 in park dedication fees. Upon vote taken, Ayes,5; Nays, 0. Motion Carried. 5. Setback Variance - Mike Nogle (1300 3rd St E) City Planner, Matthew Weiland presented background information on this subject. Planning Commission Action: Commissioner Harrington made a motion and Commissioner Anderson made a second to recommend to City Council of a 5 ft "- sideyard setback variance and a 15 ft sideyard setback variance based on the findings that the applicant has satisfied the variance criteria as follows: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. NO non- conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Upon vote taken, Ayes, 5; Nays, 0. Motion Carried. 5. Final Plat - Rivertown Commons City Planner, Matthew Weiland presented background information on this subject. Planning Commission Action: Commissioner Harrington a motion and Commissioner Donndelinger made a second to recommend approval of the Rivertown Commons Final Plat to the City Council subject to the following conditions: 1. That the storm water plan is approved by Barr Engineering and the Public Works Director. The Developer shall be required to incorporate into the development plans any comments from BARR Engineering or the Public Works Director. 2. That the Developer shall grant an access easement through their property to serve the properties to the south. This access agreement will be worked out in the Development agreement. This easement must be legally described. 3. That the developer will grant a trail access easement over the 15 ft utility easement connecting to the trail south of the property. This easement shall be legally described. 4. That the final plat is modified to show bearings and distance of Lot 2, Block 1, Rivertown Commons.