1e. Final Plat for Lake Susan Hills West • CITYOF --
CHANHASSEN
1 6, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900
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MEMORANDUM
0"'"" '- --
TO: Don Ashworth, City Manager
Date :ri_'.— •
1 FROM: Jo Ann Olsen, Senior Planner t
DATE: August 23 , 1989 ��$f �
1 SUBJ: Final Plat for Lake Susan Hills West 2nd and 3rd Addition
LAKE SUSAN HILLS WEST 2ND ADDITION
1 On May 8 , 1989 , the City Council approved the preliminary plat
for Lake Susan Hills West 2nd Addition with the following
' conditions:
1. The applicant shall receive any necessary permits from the
Watershed District and Carver County.
i2. The applicant shall install a 5 foot wide concrete sidewalk
along the through street shown as West Lake Drive on the
plat.
3 . The applicant shall provide an 8 foot wide bituminous trail
1 along the east side of-P s Boulevard.
4 . The applicant shall receive 50% credit on park dedication
fees and 100% credit on trail dedication fees.
5. Prior to assigning street names, the applicant shall consult
with Public Safety for recommendations.
1 6 . Revised plans that address the conditions and discussion
contained in the City Engineer ' s report shall be submitted
for approval by the City Engineer.
1 7 . Since the watermain is not looped, proper sizing of the
watermain will be required for fire and health reasons.
1 8 . A typical section of roadway is to be shown on the plans for
approval with concrete curb and gutter throughout the site.
' 9 . There shall be a secondary emergency access from the cul-de-
sac through Outlot B to CR 17.
10. The applicant shall enter into a development contract with
the City and provide the City with the necessary financial
sureties to guarantee the proper installation of these public
improvements .
I
Mr. Don Ashworth
August 23, 1989
Page 2
11 . The sedimentation basin shall be repaired prior to final plat
approval.
Conditions #2, 6 , 7 , 8 and 11 have all been met. The submitted
final plat is consistent with the approved preliminary plat.
RECOMMENDATION 1
Staff recommends that the City Council adopt the following
motion: ,
"The City Council approves the final plat for Lake Susan Hills
West 2nd Addition as shown on the final plat dated August 21,
1989, with the following conditions :
1. The applicant shall receive any necessary permits from the
Watershed District and Carver County.
2 . The applicant shall provide an 8 foot wide bituminous trail
along the east side of Powers Boulevard. 1
3 . The applicant shall receive 50% credit on park dedication
fees and 100% credit on trail dedication fees.
4 . Prior to assigning street names, the applicant shall consult
with Public Safety for recommendations .
5 . There shall be a secondary emergency access from the cul-de-
sac through Outlot B to CR 17.
6 . The applicant shall enter into a development contract with
the City and provide the City with the necessary financial
sureties to guarantee the proper installation of these public
improvements .
LAKE SUSAN HILLS WEST 3RD ADDITION ,
On June 26 , 1989 , the City Council approved the preliminary plat
for Lake Susan Hills West 3rd Addition with the following
conditions :
1. The applicant shall provide an amended preliminary plat
showing Lot 1 to have a minimum of 12 , 000 square feet and
provide block numbers.
2 . The applicant shall provide staff with an amended landscaping
plan prior to final plat approval replacing the Pin Oaks with
Hackberry.
I
r
Mr. Don Ashworth
August 23 , 1989
Page 3
3 . The applicant shall install 5 foot wide concrete sidewalk
along the north side of Heron Drive.
4 . The applicant shall provide the 20 foot wide trail easement
along the west side of Powers Boulevard.
' 5. The applicant shall receive 50% credit on park dedication
fees and 100% credit on trail dedication fees.
' 6 . Approval of wetland alteration permit.
7. The applicant shall enter into a development contract with
' the City and provide the City with the necessary financial
sureties to guarantee the proper installation of these public
improvements.
' 8 . The applicant shall obtain and comply with all conditions of
the Watershed District permit.
' 9 . The sanitary sewer located within Heron Drive shall be held
at a grade of 0. 40% throughout the run to Audubon Road.
10 . The sanitary sewer shall be jack-bored to the west right-of-
way line of Audubon Road for future connection and service
along Audubon Road.
' 11. The right-of-way for Heron Drive needs to be 60 feet in width
to conform with Phase I construction and a right turn lane
included at Audubon Road to meet anticipated traffic demands
of the area.
12. The storm sewer system needs to be modified so that it drains
to the wetland pond provided on site and eliminate the storm
l sewer/parkland development conflict as outlined in the PUD
report.
13 . Detailed construction plans and specifications including
calculations for sizing for the roadway and utility improve-
ments shall be submitted for approval by the City Engineer.
' As-built mylar plans and tie cards will also be required upon
completion of the construction.
14. Appropriate utility easements shall be provided over all
' public facilities.
15. A feasibility study should be considered to facilitate the
' looping of watermain along Audubon Road from the railroad
tracks to Heron Drive or incorporation of this work into the
Audubon Road improvement project if initiated this year. '
16 . All lots shall have access from interior streets .
1
Mr. Don Ashworth
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August 23 , 1989
Page 4 _
17 . The developer shall grade Outlot A at the same time as the
grading of the lots occur.
18 . No further building permits shall be issued until the sedi- '
ment pond is repaired.
19 . All house pads shall be located outside of the 75 foot set- '
back from the wetland.
20. All deeds shall include recognition that Lake Drive will
serve as a collector.
21. All property owners shall be notified if further expansion of
their house, deck, additional garages, etc. will require a
variance.
Conditions #7 , 9 , 13 , and 18 have been met. The submitted final
plat is consistent with the approved preliminary plat. The
wetland alteration permit was approved with the following con-
ditions: ,
2. That the new edges of the wetland at the 927 contour will be
protected by a drainage and utility easement which will be
shown on every lot survey and that the applicant understands
that a 75 foot setback exists from the 927 countour for decks
and accessory structures.
3 . A deed restriction will be recorded against each lot abutting
the wetland stating that the lot contains a protected wetland
with a 75 foot setback from elevation 927 . '
The drainage easement actually goes beyond the 927 foot contour.
Therefore, staff recommends that each building permit must pro-
vide
a survey showing the 927 foot contour for Lots 8 , 9 , 16 , 17
and 18, Block 1 .
RECOMMENDATION '
Staff recommends that the City Council adopt the following
motion :
"The City Council approves the final plat for Lake Susan Hills
West 3rd Addition as shown on the final plat dated August 21,
1989 , with the following conditions : '
1 . The applicant shall provide an amended preliminary plat
showing Lot 1 to have a minimum of 12 ,000 square feet and
provide block numbers.
2 . The applicant shall provide staff with an amended landscaping
plan prior to final plat approval replacing the Pin Oaks with
Hackberry.
I
1
Mr. Don Ashworth
August 23 , 1989
Page 5
3 . The applicant shall provide the 20 foot wide trail easement
along the west side of Powers Boulevard.
4 . The applicant shall receive 50% credit on park dedication
fees and 100% credit on trail dedication fees.
' 5. The applicant shall obtain and comply with all conditions of
the Watershed District permit.
6. The sanitary sewer shall be jack-bored to the west right-of-
way line of Audubon Road for future connection and service
along Audubon Road.
' 7. Appropriate utility easements shall be provided over all
public facilities .
8 . All lots shall have access from interior streets .
9 . The developer shall grade Outlot A at the same time as the
grading of the lots occur.
10. All house pads shall be located outside of the 75 foot set-
back from the wetland.
11. All deeds shall include recognition that Lake Drive will
' serve as a collector.
12. All property owners shall be notified if further expansion of
their house, deck, additional garages , etc. will require a
variance.
13. The building permit applicants for Lots 8, 9 , 16 , 17 and 18 ,
' Block 1 , shall provide a survey providing the 927 foot con-
tour. "
' ATTACHMENTS
1. City Council minutes dated May 8, 1989.
2 . City Council minutes dated June 26, 1989 .
3 . Final plat dated August 21, 1989.
r
City Council Meeting - May 8, 1989 1
There's a lot of different things. My first suggestion is that in the RSF, R-4
district that buildings should not -exceed 80% of the size of the primary
structure. I don't know if 80o is a good number or. not. That's still pretty
big, and not to exceed a total of 1,000 square feet. I would take (a) and drop
it back to 140 square feet or a minimum setback of 5 feet. Then I'd say for a
house between 140 square feet and 400 square feet, have a 10 foot setback and
anything bigger. than 400 square feet which is 20 foot-by 20 foot, go to the
regular 30 foot setback. So theoretically your house can be 30 feet from your
back property line so you've only got a 30 foot backyard and somebody can then
build a huge storage building just 40 foot away from you. Those are my
suggestions for that. Then we add that (c) there.
Mayor Chmiel: Yes, I agree. I think we should pull this at this particular
time. My reasoning is that I would like to have this as a regular agenda item
and open this for discussion because I'd like more input from the people in the
community if they have any.
Councilman Johnson: I don't think there was much input at the public hearing
that was held. I do remember being there.
Mayor Chmiel: Yep. I was there also. I just want people to be aware of the '
fact that this is there and I want to make sure.
Councilman Johnson: A neighbor of ours built a large barnlike structure in 1
their backyard. They've got the 12,000 square foot lot and they actually put it
right on the property line right next to the guy's garden so his garden became a
shaded area. They spent a long time getting that garden going and they built I
this structure right next to it so that's what I'm trying to prevent. Stuff
like that. I move to table it then.
Mayor. Chmiel: Very good. I'll second that. i
Councilman Johnson moved, Mayor Chmiel seconded to table the first reading of an '
Ordinance Amending the Zoning Ordinance regarding Accessory Structures. All
voted in favor and the motion carried.
D. PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 13.49 ACRES INTO 9 SINGLE FAMILY LOTS,
EAST SIDE OF POWERS BLVD. APPROXIMATELY 1 MILE SOUTH OF HIGHWAY 5, LAKE SUSAN
HILLS WEST, ARGUS DEVELOPMENT.
Councilman Johnson: I actually didn't have a whole lot of problems with the
preliminary plat itself but I've got a problem with the pond that with the ice
melt they had a pond get destroyed, a sediment pond and it's been what, a month
now and it hasn't been repaired and now we've got sediment running into Lake
Susan because there has been no repair. I don't see why we should continue.
This should have been repaired immediately. Do you know what the status of that
is Gary?
Gary Warren: We followed up and had contact with the developer, Argus
Development and their engineer. They've changed engineers in the process of.
going from the Second to Third Addition so I don't know if that slowed them up
but we've been in contact with them over 2 weeks ago to address it. You're
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' City Council Meeting - May 8, 1989 C!
right, I was out yesterday looking and I
yet so. y g made a note that it had not been done
' Councilman Johnson: Yes, there's nice light brown
tonight.
g water flowing out of there
Mayor Chmiel: Have we received revised landscape plans on this as well as did
we also receive the Watershed and Carver County permit for. this Gary?
' Jo Ann Olsen: We did receive the revised landscaping plan. Carver County, no
they have not received for the temporary access? They have not received that.
We have been in contact with them and they feel there will be no problem with
taking it. I don't even know if they've made the application yet.
Mayor Chmi.el: But you've had discussions with the County regarding this and
they don't have any problems? The pond to be repaired, that should also be part
of that basic approval. Jay are you going to make a motion on this?
Councilman Johnson: Okay. I thought Ursula wanted to talk.
Councilwoman Dimler: I had something other than that. i.nt with it
r'IY point I was
under the impression that we had a minimum lot size of 15,000 square feet. Is
that right Jo Ann?
Jo Ann Olsen: This is a PUD and so they were permitted smaller lot sizes.
Councilwoman Dimler: Okay because I noticed there were quite a few of them that
1 were smaller. Also, do we have a minimum width at the setback that the lot has
to be?
Jo Ann Olsen: it's 90 feet at the setback.
' Councilwoman Dimler: It's 90 feet wide at the setback. Okay, do they all meet
that requirement?
Jo Ann Olsen: Yes.
Councilwoman Dimler: Okay, thank you. That's all I wanted to know.
' Councilman Johnson: I'll move approval of item 1(d) with the staff's 10
conditions. Adding a condition 11 that the sedimentation basin along CR 17 be
repaired as soon as it dries out enough to repair it. You can't get in there
' and work on it now but in a timely fashion.
Councilman Workman: I'll second it.
Councilman Johnson moved, Councilman Workman seconded to approve the
Preliminary Plat to subdivide 13.49 acres into 9 single family lots on the east
side of Powers Blvd. approximately 1 mile south of Highway 5, Lake Susan Hills
West, Argue Development with the 10 conditions listed by staff in the staff
report and an additional condition 11 stating that the sedimentation basin along
County Road 17 be repaired in a timely fashion. All voted in favor and the
motion carried.
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260
City Council Meeting - May 8, 1989
Mayor Chmiel: Ursula, on the Minutes.
Councilwoman Dimler: The only thing I wanted to know is, I wanted to ask Gary
Warren, I know at the last meeting I brought up the fact that the cul-de-sacs
should be large enough to allow school buses to turn around and Gary indicated
that he would check with the school board on that. Did you do that Gary? Do
you have an answer?
Gary Warren: We di.d do that and we couldn't find anybody there that said they
had a problem with it. This was the first that we heard. We checked our
turning radii width, the standard detail plates for buses and we are in
compliance with the minimum turning radius on our standard plates but other than
that, we di.d call the school district and did not find anybody that had any
specific complaints that they chose to give us anyway.
Councilwoman Dimler: Okay, then there must be a miscommunication because
the
party I'm referring to did call the school board and complain.
Gary Warren: This is an individual resident that complained about it?
Councilwoman Dimler: Yes. 1
Gary Warren: We talked to the school board directly now. I'd be happy to
_ follow up if you've got a name you want to give me after the meeting and talk
about it.
Councilman Johnson: I know there are some people in Chaska with the same basic
complaint. Some people on our swim team that my son's on. It's the same thing. '
They want to take as straight of a shot as possible. In fact there's one place
where they could take a loop and loop through and go out on another street. If
they don't do it, you still have to walk a quarter mile up to do it. 1
Gary Warren: The comment we had back from the school district was that their
contract with the bus agency was that they were not required to go down
cul-de-sacs. Therefore, it's not necessarily a bad turning radius on the
cul-de-sac. It's just as Jay's eluding to somewhat, they have a direct shot so
even if we had cul-de-sac that had a 100 foot turning radius, they probably
still wouldn't go down them. That's their contract with the carrier. 1
Councilwoman Dimler: I'll pass that onto the resident I'm concerned about then.
Thank you.
RECYCLING PRIZE DRAWING. 1
Dave Pederson from the Villager drew a name for the Recycling Prize.
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CHANHASSEN CITY COUNCIL
REGULAR MEETING
' JUNE 26, 1989
Mayor. Chmiel called the meeting to order at 7:35 p.m. . The meeting was opened
' with the Pledge to the Flag.
' COUNCILMEMBERS PRESENT: Mayor Chmiel, Councilman Boyt, Councilman Workman ,
Councilwoman Dimler and Councilman Johnson
STAFF PRESENT: Don Ashworth, Roger- Knutson, Uar_y Warren, Todd Gerhardt, Jo Ann
' Olsen and Jim Chaffee
' APPROVAL OF AGENDA: Councilman Johnson moved, Councilwoman Dimler seconded to
approve the agenda with the following additions to the Council Presentations:
Councilman Johnson wanted to discuss Council ethics in working with developers
' and a possible conflict of interest on his part; Councilwoman Dimler wanted to
discuss the RTD nomination and the SuperAmerica at TH 7 and TH 41; Councilman
Workman wanted to discuss the Lake Riley chain of lakes project and Lake Lucy
Road wat?rmai.n project; and Councilman Boyt wanted to discuss the Public Safety
'
Commission Minutes, Eurasian Water Milfoil and goals and objectives. All voted
in favor of the agenda as amended and the motion carried.
' RECYCLING PRIZE DRAWING: Mayor Chmiel drew the name for the recycling program
prize and presented it to Dave P3derson.
CONSENT AGENDA: Councilman Johnson moved, Councilwoman Dimler seconded to
approve the following Consent Agenda items pursuant to the City Manager's
' recommendations:
a. South Lotus Villas:
1. Approval of Plans and Specifications
2. Approval of Development Contract
3. Resolution #39-77: Land Use Plan Amendment
' 4. Final Plat Approval
d. Consider Cooperative Agency Status with Mniot for TH 212.
' e. Approval of Temporary 2 Day Liquor License for Chanhassen Rotary.
' g. Wetland Alteration Permit for Construction of Lake Drive and Market
Boulevard.
h. Wetland Alteration Permit for Construction of a Duck Pond, Alan Lenhart.
j. Approve Liquor Concession Agreement Bloomberg Companies and International
Broadcasting Corporation.
k. Approval of Findings of Fact, Convesco, Oak View Heights.
1. Set Special Meeting Date, Joint City Council/Park and Recreation Commission
' Meeting.
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City Council Meeting - June 26, 1989 '
i
n. Accounts Payable.
o. City Council Minutes dated June 12, 1989 ,
Planning Commission Minutes dated June 7, 1989
Park and Recreation Commission Minutes dated June 13, 1989
All voted in favor and the motion carried. 4 '
I. PRELIMINARY PLAT FOR LAKE SUSAN HILLS WEST 3RD ADDITION, ARQJS DEVELOPMENT.
Councilman Johnson: I noticed when we did the last preliminary plat we had a
condition that the sediment pond be repaired before the final plat. The
sediment isn't repaired. It's still there. They've had 5 months now. 4 months
now and the sediment pond that failed this winter is still broken. I move to
table any further action on Lake Susan Hills West until that sediment pond is
repaired.
Councilman Workman: Jay, where's it located? '
Councilman Johnson: Right along the highway there. Right along CR 17.
Gary Warren: North of Lake Susan Drive. Right on CR 17 on the west side. '
Councilman Johnson: They've ignored staff's pleas to do it. They've ignored
the Council direction to do it and now it's time for. action. They're coming in 1_1
asking for more without doing what we told than to do last time so I'm moving to
table.
Mayor Chmiel: Ray, do you wish to address the Council? ,
Ray Brandt: Yes. I'm Ray Brandt with Brandt Engineering and Surveying. 2705
Woods Trail in Burnsville. That situation has been awarded, I mean Probe
Engineering took care of the design of it and Nodeland is going to install the
whatever you call it that keeps the leaves, I can't think of the word but
there's a box that's going in there. Skimmer_ and I was just told today that
should be done very shortly but I can't tell you what shortly is.
Gary Warren: June 8th staff received a submittal on the bafflewear structure
from Probe Engineering and it was explained to us that that would be done
shortly thereafter. Constructed, we basically said that the plan was
acceptable.
Mayor Chmiel: When was the discussions?
Gary Warren: This would have been June 8th, June 9th timeframe right after we
got it. We've been trying, in fact today even to track down representatives
from Nodeland who haven't been returning our calls now so we still are on the
hook. In fact not in concert with Councilman Johnson, I had drafted a letter
today to Argus notifying than that we were going to suspend building permits
until that was completed so I guess we have been concerned that there's been
enough time.
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165
ICity Council Meeting - June 26, 1989
•
Mayor Chmiel: It sounds like that's consistent with your motion as such.
Councilman Boyt: I would suggest that if the City is going to suspend building
permits, that that handles the problem and we should go ahead and make progress
on this plat.
Mayor. Chmiel: I think I'll stick with Jay's motion Bill until it's finalized. I
realize that there may be a problem there but we've requested that several
things be done and this is about the only way we can make sure that it's going
' to be done. I'd suggest possibly that you contact the individual who has drawn
this together and have them get ahold of Gary and get that resolved. I have a
motion on the floor. Is there a second?
' Councilman Boyt: I hate to see this carried over when we've already done the
background reading. It's just going to add sanething to a future agenda. If
there's additional discussion, maybe we should hold that. I've got a couple of
' conditions I'd like to see added here so if it canes back up, it can cane back
on the Consent Agenda and just be passed.
Councilman Johnson: There's been no second as of yet so we can just continue
the discussion on it.
Mayor Chmiel: Maybe what we could do Bill in conjunction with that is to
approve it with the 2 conditions that you have and approve it under the
condition that once it's in, then you may start procedure with the construction.
l(- Councilman Johnson: That's what we did last time.
Mayor Chmiel: That got put by the wayside?
' Councilman Johnson: Yes.
Jo Ann Olsen: They haven' t received final plat approval.
Gary Warren: On the 2nd plat.
Councilman Johnson: Okay, that was the final plat. They haven't received it
yet?
' Gary Warren: This is just preliminary.
Councilman Johnson: But the last time we voted was a final plat?
' Mayor Chmiel: Strictly preliminary plat.
Councilman Johnson: And they haven't asked for the final plat approval yet?
' Mayor Chmiel: Not yet.
Jo Ann Olsen: Not for the 3rd Addition.
Gary Wa1-ren: The 2nd he's talking about. •
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'L`eify Council Meeting - June 26, 1989
Councilman Johnson: The last time we told him to fix this was in conjunction
with the final plat approval. They haven't gotten their final plat approval
Jo Ann Olsen: We haven't signed off on the mylars or anything yet.
Councilman Johnson: Okay, so we've still got them held up on that plat too? '
Okay. Since they really haven't taken any action on what we said last time, as
far as they haven't gotten their final plat, which is when we told than they had
to fix that before they get their final plat, that continues. They can't start
moving dirt out there until they get their final plat so I guess they haven't
violated our specific wishes except for 4 to 6 weeks is too long for something
like this to hang fire. I'd like to withdraw my motion and add a condition that
we support Gary's no future building permits as one of the conditions to (i) and
whatever the other conditions Bill wants to add in here. Get it on in that way.
Councilman Boyt: Okay the first one, Gary mentioned Lake Drive East and that's
a collector. I would like all deeds to include recognition that Lake Drive East
will serve as a collector. The other condition also relates to something I'd
like attached to the deeds of each piece of property. All lots must demonstrate
location of a house pad outside 75 foot wetland setback. That's in relation to
one particular lot in which there's some question if they can do that. Along
with that condition, all property holders must be notified if further expansion
of their house, deck, additional garages would require a variance. There's some
12,000 square foot lots in this particular portion of the PUD and my intent
would be to make it very clear that those would require variances and that
variances require a hardship out of the control of the property owner. I think
we need to be sure that people are well informed when they buy their property.
Mayor Chmi.el: It's a buyer beware.
Councilman Johnson: We're helping than to become aware.
Councilman Workman: At what time would a buyer be notified of some of that? '
From a realtor?
Councilman Boyt: They'd see it on their deed. It would come as one of the
conditions.
Councilman Johnson: To tell you the truth, I've never read my deed.
Councilman Boyt: Well the development contract isn't enough. I want the
property owner to be notified in writing of the constraints on that piece of
property. So how do we do that? '
Roger Knutson: In the development contract which is recorded against the
property. Before the final plat, simultaneously at the recording of the final
plat, the development contract is recorded so anyone who buys a piece of
property in that plat sees that contract has been recorded against his property.
Councilman Boyt: The question I would have is, what happens when the City signs
off on a development contract? All the streets and sewers are in and we
relinquish our hold on the escrow monies?
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' City Council Meeting - June 26, 1989
Roger Knutson: 14b relinquish our financial ncial hold.
Councilman Boyt: So it's still in place?
Gary Warren: We've been releasing lots though fran the DC.
' Roger Knutson: What we can do is just release our financial hold on them when
there are restrictions like that.
' Councilman Johnson: So you're saying, instead of reading their deed, they have
to read the development contract which is 100 pages thick too and they won't
even have that with their deed. There's got to be some way to inform the buying
public of these problems.
Roger Knutson: That's the best way to get it on the deed. It's not on the deed
' physically but it's on their Abstract so when they buy the property they see it.
Councilman Johnson: They see that there's a development contract. They don't
see the requirements.
Roger Knutson: It's just like when you buy a home that has covenants against
it. You don't see the covenants written on the deed. The Abstract says there
' are covenants recorded against the property and anyone who's concerned would
read them.
Councilman Johnson: Okay, it won't just say there's a development contract
recorded against the property?
Roger_ Knutson: That's what the Abstract will say.
Councilman Johnson: The Abstract will say that? And then it's up to the buyer
to figure out what that means.
Roger Knutson: To read them. Anyone buying property with an Attorney or anyone
who is at all knowledgeable will read that.
Councilman Johnson: Not everybody uses attorneys.
Roger Knutson: No.
tCouncilman Boyt: To move this along then I would adjust that condition so staff
would work with our attorney in developing language that reaches a clear intent
of notifying the home owner of the constraints on that piece of property. As
part of that, there should be the conditions it requires to achieve a variance
because I can picture the people with 12;000 square foot lots are going to be
thinking that they can build decks for instance and the problem just comes back
' to us.
Mayor chmiel: It's just like the two that we have right now.
Councilman Workman: Wouldn't it be easier to require a builder to make r9om for
a standard size deck an option on that home? I don't know, a house without a
deck these days is getting to be fairly rare so a deck is something that
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`e y Council Meeting - June 26, 1989 '
somebody would probably want seeing their neighbors have one, so wouldn't it be '
easier to make it such that one could be applied in the future?
Mayor Chmi.el: I would think that that would be a little difficult. Roger?
hi
Roger Knutson: You don't have an ordinance requirement that says you have to
have a deck. What you're really saying is if you have-a small lot, maybe I
would prefer, I being anyone, would prefer to have a larger master bedroom and
no deck for example. Maybe I would prefer to have the deck or maybe I would
prefer to have a larger bathroom so what you're xeally doing by requiring a deck
is you're really taking someone's...
Councilman Workman: I guess I'm not requiring. one but...
Councilman Johnson: I think what you're trying to say is the design of the
house should be to where the deck will be within the buildable area. In other
words, on these narrow lots you don't want the house designed as such that the
deck will go on the side yard which will infringe.
Councilman Workman: We had people before the Board tonight who want decks.
Their back yards face each other and they have sliding glass doors for an
alleged deck which is going nowhere.
Councilman Johnson: Designed into the house.
Councilman Workman: So it sounds to me like the builder didn't know about it.
Councilman Johnson: The builder kind of created that situation.
Councilman Boyt: I think this is a topic that needs further discussion but at a
separate point all by itself.
Mayor Chmi.el: Right. I think what we have now is any further discussion first
of all.
Councilman Johnson: I'll move the motion.
Councilwoman Dimler: I'll second it.
Councilman Johnson: I move approval with the conditions as specified by Bill
and also the condition that no further building permits be issued within the
entire Lake Susan Hills area until the settling pond is repaired.
Councilman Johnson moved, Councilwoman Dimler seconded to approve the ,
preliminary plat for. Lake Susan Hills West, 3rd Addition for Argus Development
with the conditions that no further building permits be issued until the
sediment pond is repaired, that all house pads be located outside of the 75 foot
setback from the wetlands, all deeds to include recognition that Lake Drive East
will serve as a collector, and that all property holders must be notified if
further expansion of their house, deck, additional garages, etc. would require
a variance. All voted in favor and the motion carried.
6