11-01-83 Annexation CommitteeThe Annexation Committee met on Tuesday, November 1, 1983 at 4:00 P.M. in
the Conference Room at City Hall. Attending were Chairman Palmer, Councilmen
Saverud, O'Boyle, Grainger and Ruiz; Mayor McDowell, Developer Stan Pine,
Attorney Dean Jellison, City Attorney Neier, Engineer Dean Marquardt, FRDO
Nakul Verma. Other interested persons in attendance were Jackie Wilgen,
Marlene Keller and Jim Portouw.
Chairman Palmer announced that the meeting was a continuation of informa-
tion gathering regarding Buffalo Head Townhouse development and hoped that
the text of the subdivision approval of 1978 would be established.
CityAttorney Neier gave a brief history of the subdivision approval of 1978
and its conditions. The resubdivision request would still comply with the
limitation of 91 units. The problem is that townhouses follow the property
line and there is no allowance for setbacks --this would not be the case
with condominium or apartment houses. The law requires Council approval
on the resubdivision, which will create additional lots. All improvements
have been done in the area under SID #328. At the time of the original re-
quest for subdivision it was undecided whether to build condos or townhouses
but the plan was approved regardless of structure.
Developer Pine stated that ordinances and subdivision regulations in 1978
did not contemplate much of this design concept. The design concept was
approved, however, and RA-1 was the closest zoning. State subdivision
regulations were also involved. Resubdividing Lot 1 and later Lot 10 was
approved via summary review procedure. Recently a question of provisions
of zoning -which were previously waived -now are being applied. He is not
asking for waiver but questions why the provisions are now being applied.
CA Neier statd that he has received proposed interpretation of the zoning
requirements as they apply to the townhouses from Dean Marquardt. Refer
to attached. Building Official Petersen was ill at home, but Neier dis-
cussed the 4 points of the proposal with him.
Neier stated that if the RA-1 classification applies, the problems are
workable, however, we do not have a copy of the site plan to go by. The
floor area ratio cannot be determined until the final plat is submitted.
Grainger made a motion that the committee recommend to Council approval
of the preliminary plat for resubdivsion at the next Council meeting.
Seconded by Saverud, question called, all voted aye.
Point #2 mentioned by Palmer was whether or not the need for interpretation
of RA-1 zoning existed, as opposed to design concept.
Attorney Jellison felt that a definition, rather than interpretation, of
RA-1 was needed.
Saverud asked if another zone classification would better fit the develop-
ment. Verma stated that a PUD would be more flexible, defined what would
be required and suggested that zoning.
Pine stated that RA-1 was adopted by the Planning Board, planning staff
and City council to accomplish goals for the development, there is consider-
able evidence of a commitment being made and he was not sure he was willing
Proposed Interpretation of Zoning Requirements
as they apply to
Buffalo Head Townhouses
1. Buildings will have a 10 foot separation to satisfy
side yard requirements.
2. A 15 foot side corner setback will be required on Lots
9 4nd 24.
3. Since there are no alleys, there is no rear yard re-
quirement. The front yard will be that end of the lot
where the driveway is located.
4. All common area including private roads, will be con-
sidered in the computation of ratio requirements and
in determining yard requirements.