06-17-2004 Planning Commission Meeting

Home Browse Search

Staff Report fApplication: Subdivision Application—Metes and Bounds Applicant: Gerald Foley& Kimberly Shierts Background: Mr. Foley and Ms. Shierts seek to split their shoreline property located in the southeastern portion of the city on Middle Cullen Lake into two parcels. A third lot is proposed for public access. The access is currently a private driveway. Applicable Statutes: Section 140.020(D)of the Pequot Lakes Ordinance states the design standards for subdivisions. These are numerous and won't be listed here, although it is noted that any newly created lot is required to abut a minimum of 33-feet of public right-of-way. Section 25.030 describes the minimum lot size requirements and setbacks for lakeshore lots. As being located on a GD lake, each lot must have a minimum of 100 feet of shoreline and 100 feet of lot width at the building setback. Each lot must have a minimum of 20,000 square feet. Staff Findings: We have reviewed the application and propose the following findings of fact for you to consider: 1. The land is zone Residential. 2. The property is suitable for residential construction in its natural state without significant alteration. 3. Tract A has a functioning individual sewage treatment system, the design of which includes proof of an alternate system. The availability of sufficient area for two standard sewage treatment systems has not been shown for Tract B. 4. Adequate provisions exist for recreational access to the water. 5. Tract A is approximately 41,400 square feet. Tract B is 37,900 square feet. Both lots exceed the minimum requirement of 20,000 square feet. 6. The layouts of the proposed lots are compatible with the layouts of adjoining parcels. 7. A third access lot is proposed in order to provide a minimum of 33-feet of public right-of-way to each lot. 8. The driveway along the eastern edge of Tract A will be in the new setback, which would create an additional non-conformity. Planning Commission Direction: The Planning Commission can develop findings to recommend approval of the metes and bounds subdivision, it can develop findings to recommend denial of the metes and bounds subdivision, or it can table the subdivision request to gather additional information or provide the applicant time to modify the proposal. Staff Recommendation: Based on the findings of fact in this report, your staff g p , y sta u recommend that the Planning Commission approve both metes and bounds subdivisions June 2004 Staff Report Page 4