2001-05-01 P & Z - Laserfiche WebLink

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Mr. Rawlings noted there are some inconsistencies in the construction of the units in the Association. The Association finds that unacceptable, but without documentation it is impossible to force the builder to rectify the situation. He noted there is one unit with a half brick front garage rather than full brick, one unit without bars on the patio door window, and one unit with a brass coach lamp rather than white. He then asked that the City require a landscaping plan which clearly indicates where and what type of plantings are to be used. Mr. Quigley explained that the developer platted the property and Swift Construction is the builder. The construction issues needed to be taken up with Swift Construction. Mr. March explained the City has no regulations in regards to siding color and Swift has allowed property owners to make choices as to how the units will look. Mr. Rawlings stated he did not feel it was right to allow the builder and developer to do whatever they wished. Mr. Quigley explained some of the issues Mr. Rawlings had raised should be covered in the covenants and conditions in the Townhome documents. He then noted those covenants and restrictions are between the buyer and the builder not the developer. Chairperson Hanson explained that the developer is looking to the Planning and Zoning Commission for approval of the building sites and road plans. He then noted that the City does not have much control over how the buildings are built. Mr. Rawlings stated he felt the City was the entity that could control the way the buildings should look, otherwise the only alternative is to settle the matter with litigation. He then noted he has sold townhomes for many years and in every City there has been a detailed landscaping plan required before the building permits are issued. Mr. Gerald Albrecht, 7071 Dupre Road, questioned whether the developer could go across the Association’s land with buildings one (1) and two (2). Mr. Quigley stated that, to the best of his knowledge, they are within the outlot area. Mr. Albrecht questioned what the lines on the map were that he thought was a driveway crossing the street. Mr. Quigley explained it was not the property line. Mr. Albrecht asked when Gor-Em would come and level the land behind their townhomes. Mrs. Albrecht explained they have ruts in their backyard that were never repaired. Chairperson Hanson requested that the civil issues be kept separate from the issues concerning the preliminary plat. Ms. Albrecht questioned the weight restriction on Ojibway Drive. Mr. March indicated the road could be posted at whatever the Association desired, however, the road was designed to be of seven (7) ton specifications. Mr. March noted it was up to the developer to work out with the Association how the road is going to be extended and Page 2 of 12