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LCDD-M <br />EVEL OF ITY ISCRETIONIN ECISIONAKING <br />21 <br />quasi-judicial <br />Action taken on a platrequest is ; the <br />22 <br />City’s role is to determine the facts associated with the <br />23 <br />request, and weighthose facts againstthe legal standards <br />24 <br />contained in State Statute and City Code. <br />25 <br />P <br />ROPOSAL <br />26 <br />Mr.Mueller proposes to demolish the existing home and <br />27 <br />plat the property into threelotsfor development of one- <br />28 <br />family, detached homes served by a private street.The <br />29 <br />proposedpreliminary plat documentation isincluded <br />30 <br />with this report as Attachment C. <br />31 <br />When exercising theso-called “quasi-judicial” authorityon a platrequest,the role of the City is <br />32 <br />to determine the facts associated with a particular request and apply those facts to the legal <br />33 <br />standards contained in the ordinance and relevant state law. In general, if the facts indicate the <br />34 <br />applicationmeets the relevant legal standards and will not compromise the public health, safety <br />35 <br />and general welfare, then the applicant islikely entitled to the approval. The City is, however, <br />36 <br />able to add conditions to a plat approval to ensure that the likely impacts toparks, schools,roads, <br />37 <br />storm sewers, and other public infrastructure on and around the subject property are adequately <br />38 <br />addressed.Subdivisions may also be modified to promote the public health, safety, and general <br />39 <br />welfare, and to provide for the orderly, economic, and safe development of land, and to promote <br />40 <br />housing affordability for all levels. <br />41 <br />PPA <br />RELIMINARY LATNALYSIS <br />42 <br />As a preliminary platof a residential subdivision, the proposal is subject to the minimumlot <br />43 <br />sizes and roadway design standards of the subdivision code, established in Chapter 1103 (Design <br />44 <br />Standards)of the City Code. The applicable standards are reviewed below. <br />45 <br />City Code §1103.02(Streets): <br />Since the proposed street is to be a private street, requirements <br />46 <br />for public rights-of-way do not apply.And while the Subdivision Code allows for private streets <br />47 <br />at the discretion of the City Council, design of the must conform to Minimum Roadway <br />48 <br />Standards unless an alternative design is specifically approved. The Planning Commission could <br />49 <br />provide a recommendation to the City Council on this issue. <br />50 <br />§1103.021 (Minimum Roadway Standards): <br />The proposed street is shown as 32 feet in width, <br />51 <br />which conforms to the standard width requirementand allows for parkingon both sides of the <br />52 <br />street.(Approximately 19on-street parking stalls would be available, assuming each stall is <br />53 <br />allotted 23 feet of curb length as required for parallel stalls in a public parking area.)The <br />54 <br />proposedstreet is about170feet in length at its longest; since the street is less than 200 feet in <br />55 <br />length,it is not required to include acul-de-sac,although not having a turn-aroundwill make <br />56 <br />delivery services and trash/recycling service more difficult or require the homeowners to bring <br />57 <br />their cartsto Acorn Road. <br />58 <br />City Code §1103.04 (Easements): <br />Drainage and utility easements 12 feet in width, centered on <br />59 <br />side and rear propertylines,are requiredwhere necessary. The proposed plat meets and exceeds <br />60 <br />this requirement. <br />61 <br />City Code §1103.06 (Lot Standards): <br />Subd. A of this section requires that all lotsfor one- <br />62 <br />family detached dwellingsmust be at least 85 feet wide, 110 feet deep,and comprise at least <br />63 <br />PF15-023_RPCA_120215 <br />Page 2of 4 <br /> <br />