10-21-2004 Planning Commission Meeting

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STAFF REPORT Application: Preliminary Plat of Sibley Acres Applicants: William Wortham, Kevin Hughes and Thomas Ressemann Background Information: The applicants own a parcel that is approximately 4.2 acres in size. The property lies between Highway 371 and Sibley Lake just north of the downtown area. The property is zoned Wooded Residential. The proposed plat would create four residential lots. Two of the new lots would access off of North Oak Street. The other two would access off of a proposed cul-de-sac as requested by the Planning Commission at the September meeting. There is a dwelling and three accessory structures on Lot 2. One of these accessory structures would encroach on a proposed lot line and is therefore indicated to be removed. There is one accessory structure on Lot 1. We have done some research on the gap between the two plats. Obviously, a gap is not as urgent an issue as an overlap. The applicants will be required to show us,through a title opinion,that they have clear ownership of the property they are seeking to plat. With a gap,there is no problem establishing ownership. The question is whether or not we want them to go through quiet title to resolve the survey discrepancy. Quiet title is a long and somewhat expensive process and it is unclear that there would be any compelling reason to require this. Applicable Statutes: The Ordinance does not contain any standards for property zoned Wooded Residential. At the last meeting we discussed lot sizes of 40,000 square feet being acceptable in this area. Section 140 deals with subdivisions. Subpart`B"list the submittal items required for a preliminary plat including existing features and proposed layout. Subpart"D" discusses minimum design standards. These include the following(only applicable standards listed): 1. The land shall be properly zoned and suitable in its natural state for the intended purpose with minimal alteration. Land subject to flooding, land below the ordinary high water mark,wetlands, areas with high water table, bluffs or land containing other significant constraint(s)upon future intended usage, shall not be considered in the minimum size of the lot. The suitability analysis for each lot shall also consider soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, nearshore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat,presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. October 2004 Staff Report Page 7