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HomeMy WebLinkAboutA006 - Council Action Form dated December 14, 1999 o� �F ae ITEM #-V DATE 12/14/99 COUNCIL ACTION FORM SUBJECT: RESOLUTION APPROVING/MOTION DENYING THE REQUEST TO WAIVE THE REQUIREMENT OF OBTAINING APPROVAL OF A MINOR SUBDIVISION FOR PROPERTY LOCATED AT 316 LINCOLN WAY. ACTION FORM SUMMARY: Robert Goodwin, representing Ed Sorenson, has requested that the City Council waive the requirement of a minor subdivision for property located at 316 Lincoln Way. The City Council is being asked to consider an amendment to the Subdivision Regulations that would provide the authority to grant such a waiver request. If the City Council approves the amendment to the Subdivision Regulations, staff recommends that the waiver request for this property be approved. BACKGROUND: Robert Goodwin, representing Ed Sorenson, has requested that the City Council approve a waiver of the Minor Subdivision requirement for property located at 316 Lincoln Way (a copy of the letter from Attorney Goodwin is attached to this Action Form). The request indicates that, with respect to this particular property, there is no public benefit as a result of the property being subdivided as a Minor Subdivision. The claim from the property owner is that the current legal description is clear and there is no need for additional infrastructure to support orderly development. The ability of the property owner to forgo the expense of subdividing the land will be accomplished and the concern for economic, social, and environmental concerns will not be affected. ANALYSIS: Staff has reviewed this request in relation to the proposed standards that must be fulfilled as a prerequisite to obtaining City Council approval of a waiver from the requirement of subdividing the property through a Minor Subdivision. These proposed standards are. 1. "...the description of the real estate is already accurate, clear, and concise;" The underlying legal description of the property is.- Lot 3 of Block 3, Black's First Addition to the City of Ames and the East 60 feet of Lot 4, Block 3 Black's First Addition to the City of Ames. I This description represents a single split of a previously platted Lot 4 of Block 3 in Black's First Addition. It is staffs belief that this description is clear and the previous split simply divided Lot 4 in half. 2. "...all substantive requirements and standards of this chapter (subdivision regulations) are already met". The lot, as it exists, is located on the south side of Lincoln Way, has frontage on Lincoln Way, and has access to water, sanitary and storm sewer infrastructure. No additional improvements are needed for the development of this property. The size of the lot meets the requirements of the zone in which it is located. As stated earlier, the lot fronts on Lincoln Way and actually has been granted access to Lincoln Way along with an alternative access from an adjoining alley in the rear of the lot. Sidewalks have already been constructed. Based on the review of the Design and Improvement Standards of the subdivision regulations, all requirements have already been met. As a result of this review, it is staffs belief that in this instance the requirement of the minor subdivision could be waived since the standards for waiving the subdivision requirement, in the judgement of the staff, have been met. ALTERNATIVES: 1. The City Council can approve the request to waive the requirement of subdividing the property at 316 Lincoln Way. This alternative assumes that the City Council has already adopted the ordinance amendment that provides for the waiver of meeting the requirement to subdivide the property. 2. The City Council can approve the request to waive the requirement of subdividing the property at 316 Lincoln Way with the condition that the amendment to the subdivision regulations that provides for the provision of waiving the requirement of subdividing the property has been approved by the City Council. 3. The City Council can deny approval of the request to waive the subdivision requirements for the property at 316 Lincoln Way. 4. The City Council can refer this request back to staff for additional information. 2 MANAGER'S RECOMMENDED ACTION: It is the recommendation of the City Manager that the City Council adopt Alternative #2. This will approve the request to waive the requirement that the property at 316 Lincoln Way not be required to obtain approval of a minor subdivision. This recommendation contains a condition that the City Council first approve the amendment to the subdivision regulations that provided for this waiver provision. In the event that the City Council does not approve the amendment provision to the subdivision regulations that would provide for the waiver provision, the recommendation of the staff is Alternative #3, which would be a decision to deny the waiver request. COUNCIL ACTION: Attachment 3