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14. The proposed road does not provide access to the adjacent property to the north. That <br /> adjacent property, however, has not had access in the past and is mostly unbuildable as it <br /> is covered in wetlands.There is also possibility of access to this property from the north. <br /> Planning Commission Direction: The Commission can recommend approval of the preliminary <br /> plat, recommend denial, or table the request if additional information is needed. If the <br /> recommendation is for approval or denial, findings of fact should be cited. <br /> Staff Recommendation: Based on the findings of fact presented in this report, the Staff <br /> recommends approval of the preliminary plat. As discussed in the accompanying memorandum <br /> to the City Council, the City does not have the right to deny this plat based on the quality of the <br /> road outside of the property's boundaries. There are not any provisions of the Ordinance that set <br /> standards for roads outside of the properties boundaries, either. <br /> During the comprehensive planning process, participants discussed a similar, but hypothetical, <br /> situation: Where roadways were not improved to an acceptable standard, should the City choose <br /> to downzone the property to limit development or should the City accept the responsibility of <br /> improving the roadway once the development happened?Participants in the planning process felt <br /> that the burden should fall on the City to properly maintain the road, and that it was not the <br /> property owner's fault (or responsibility) to ensure that public roads met the City standards. In <br /> other words, the property owner should not be "penalized" by being downzoned because the <br /> roadway is substandard. <br /> The City has established a zone for this property, and thereby established an acceptable <br /> development density for that property.Clearly,North Sluetter Road does not have the capacity to <br /> handle the additional traffic associated with this plat, but, as stated previously, there are not any <br /> provisions or policies in place that would give the City grounds to deny this plat. <br /> The Staff also proposes that the following conditions be considered with approval of this <br /> application: <br /> 1. The additional 33 feet of right-of-way to the west shall be acquired from the State of <br /> Minnesota. <br /> 2. The existing outhouse on Lot 3 and the existing cabin on Lot 4 shall be removed. In <br /> addition,the existing driveway shall be abandoned. <br /> 3. The existing garage on Lot 4 shall be removed within six months of approval of the final <br /> plat if a land use permit for a principle structure has not been obtained. <br /> August 2005 Staff Report 3-4 <br />