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<br />_____________________________________________________________________________________________ <br />City of Arden Hills <br />City Council Meeting for February 29, 2016 <br />P:\Planning\Planning Cases\2015\PC 15-026 - Development Agreement Determination Letter - 3177 Shoreline Lane\Memos_15- <br />026 <br /> <br /> Page 2 of 3 <br /> <br />completion of public improvements and dedication of easements. Steve Zawadski has submitted <br />an application on behalf of the new property owners at 3177 Shoreline Lane for a formal <br />determination on whether the terms and conditions in this Development Agreement have since <br />been satisfied (Attachment A). The Development Agreement was recorded on the chain of title <br />for the property and the owners are concerned about ongoing liability as a result of the document <br />remaining in place. <br /> <br />The Public Works Department and Community Development Department have reviewed the <br />Development Agreement and the files associated with the original planning case. City staff has <br />determined that the terms and conditions in the Development Agreement were satisfied by <br />Josephine East, LLC, except for two provisions: one related to the future extension of Shoreline <br />Lane, and the second establishing basement elevation requirements for structures within the <br />subdivision. These items are discussed below in more detail: <br /> <br />Shoreline Lane Extension <br />The plat for the subdivision dedicated public right-of-way for the extension of Shoreline Lane to <br />the property line of 3187 Lexington Avenue. At the time, the City’s Official Map showed <br />Shoreline Lane continuing north through the property at 3187 Lexington Avenue and connecting <br />with the segment of Shoreline Lane that extends south from Edgewater Avenue. The City <br />Council approved the construction of a temporary, 50-foot wide cul-de-sac within the Shoreline <br />Lane right-of-way that provides access to the four Shoreline Lane lots and 3187 Lexington <br />Avenue. The intent of the City was to require the full length of Shoreline Lane to be completed if <br />3187 Lexington Avenue were subdivided in the future. <br /> <br />The Development Agreement required Josephine East, LLC to provide an escrow for the cost of <br />removing the cul-de-sac and extending Shoreline Lane to the property line of 3187 Lexington <br />Avenue. No record of this escrow has been found on file. However, staff believes this condition <br />should remain in place because it establishes that the cul-de-sac is temporary and that the City <br />intends to connect the two ends of Shoreline Lane if 3187 Lexington Avenue is ever subdivided. <br /> <br />Basement Elevations <br />The Development Agreement establishes a minimum elevation for basements due to the location <br />of the properties on Lake Josephine. No structure on any of the four lots is permitted to have a <br />basement elevation below 887.8 feet. This condition would remain in place and be enforced with <br />any future redevelopment on the properties. <br /> <br />The Certificate of Completion states that Josephine East fully complied with its obligations <br />under the Development Agreement for the construction of required public improvements and the <br />dedication of easements, but the City would reserve its right to enforce the two provisions <br />discussed above. Additionally, the Certificate reaffirms the City’s intent to seek the eventual <br />extension and connection of Shoreline Lane and that the properties within the Josephine East <br />subdivision may be subject to assessments for the full cost of the extension of the roadway.