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PS 72-03b% Planning Commission Meeting - August 9, 1972 page 9 MOTION by Fitzpatrick, seconded by Zeglen, that the Planning Comwission continue until August 23, 1972 the request for a Special Use Permit, SP #72 -JO, by Charles Jordan. Upon a voice vote, all voting aye, the motion carrigd unapimously. PUBLIC HEARING: PROPOSED P ROBERT L. MCGREGOR. North Section 13. IMINARY PLAT, P.S. #72-0�, TIMBER RID2E B .7 feet of the V-4 of the. of the NIV4 9 Mr. Ted 9. DeZurik represented Mr. Robert McGregor who was out of $own, MOTION by Zeglen, seconded by Fitzpatrick, that the Planning Cqm a-'ss!Qf1 waive the reading of the Public Hearing Notice for the Proposed Projimingr}j p2gt:, P.S. #72-03, Timber Ridge, by Robert McGregor. Upon a vq.ice vqq, alZ vgt.nq aye, the motion carried unanimously. Mr. DeZurik presented the revised plan showing the ehanggs in toe pjgcement of the buildings to the South. He pointed out that the garag,ga wi.l. be op a gommon lot and in an open space. Mr. Clark stated that the plat was dictated by the plan. The 880 eonitbur will be an Outlot and deeded to the City. Mr, McGregor &iso agreed t9 give the City $500 for a walkway for a wood chip path. This was one of the Conditigns of the preliminary plan. 14r. Fitzpatrick asked Mr. Clark if the change was thea in the direction of the Commission's request and Mr. Clark answered "yes". Mr, Clar�K said Mr. McGregor will be hooking on to a line t4at w*s pUt by a private developer, The City can't grant permission. The permission must come from the private developer. The pipes rurt down a dedicated street. ' The City has not taken over the utility or street and it is not our line ugtil it is taken over. The lines are plenty large -- a typical 8" sewer line and water lines are (". Mr. Clark called attention to Unit No. 34. It looks like it is going down the slope. Precautions should be taken so that it would not destroy the ! slope. Mr., DeZurik said they would definitely take precautions to keep that frgm happening. Mr. Clark continued that a hydrant will be installed for the pond. They will be pumping tip keep the water from being stagnant and also that the water won't seep into the ground. The only water that will drain into the pond is the green areas. Leslie Tikkanen, 1400 69th Avenue: He said that he lived two blocks over to the East. He wondered if the walkway would be at the bottom of the hili.. Mr. Clark answered that the walking paths will probably go from one q�oe of the creek to another and near the bottom. T�p preliminary Plat used this evening was marked and dated by Darrel lark. Planning Commission Meeting_- At�&Hst- 9, 1972 Page lq MOTION by Minish, ere -)riled by 7.eg -n, that the Planning Commission Crlose the Public Hearing of the Prc . jmiriary Plat, P.S. #72-03, Timber Ridge by Robert McGregor. Upon a voice vote, all voting aye, the motion carried unanimously. Comment was made about using gutters on the houses and Mr. DeZurik said that unless it was absolutely necessary, Mr. McGregor does not intend using gutters because he felt they added very little to the aesthetics. If possible they would prefer not to have gutters in the stipulation, but have the wordipg in such a way that they would be open to other alternates. That would �c appreciated. Mr. Clark stated that the Association By -Laws will have to be apprpved by the City Attorney. He believed there should be a statement whereby the petitioner does recognize there could be an erosion problem with Units 33, 34 and 35 with drainage and grading, and the building permits note it thereon. This may or may not be taken care of in the By -Laws of the AssociattQ4. Mr. DeZurik said if the Home Owners' Association should change the larld in some, they would not want to be responsible. MOTION by Minish, seconded by Schmedeke, that the Planning Commission recommend approval to Council of the Preliminary Plat, P.S. #72-03, Timber Ridge, by Robert L. McGregor being the North 824.7'of the West Quarter of the Northeast Quarter of the Northeast Quarter of Section 14, and that the F.TNAL CZAN of the Townhouse Development be approved subject to showing on the p..at the land dedicated to the City for park land, satisfactory arrangement fop .indemnification to the City in the event an erosion problem develops along the bank, approval of the By -Laws of the Association subject to study by the City Attorney, deposit with the administration of $500 for park escrow, accept- able drainage and grading on the bank improvement to retain soil. Upon a voice vote, all voting aye, the motion carried unanimously. 5. LOT SPLIT REQUEST: L.S. #72-06, MRS. MARIAN JOHNSON: Lot 1, Block 1, Moore Lake Highlands. To gain one additional building site. Representing the petition: Mrs. Marion Johnson and Mr. Dennis Collins. Mr. Schmedeke explained that the Plats & Subdivisions -Streets & Utilit*es Subcommittee met at 7:00 P.M. this evening. They approved the lot split. The frgntage is to be on Able Street, a 12 foot sidewalk easement is to be given on the North. The members of the Subcommittee had walked the area. The homes to thepSouth are a smaller type; the home to the East is set back quite far. Mrs. Johnson'q home sets back quite far also. The second home sets forward. Wlt4 this in mind, the Subcommittee approved the request because the propoled house will conform to the neighborhood. Mr. Clark said the size of the new lot would be 80'x100'. The person who contemplates building will set his house back 35 feet from Mississippi. There will be a tuck -under garage with access 25 or 30 feet back from Mississippi and access off Able Street. The rear yard would be 19 feet and there would be akbout 20 feet between the East side and East lot line. He was told he would have to go for variances on the rear yard before he started to build.