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HomeMy WebLinkAbout5L - Latterell Estates MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: ISSUES: FINANCIAL IMPACT: CITY COUNCIL AGENDA REPORT DECEMBER 17, 2007 SL JEFF MATZKE, PLANNER CONSIDER APPROVAL OF A RESOLUTION EXTENDING THE DEADLINE FOR RECORDING THE FINAL PLAT AND DEVELOPMENT CONTRACT FOR LATTERELL ESTATES Introduction The purpose of this agenda item is to consider a request by Steve Ling, attorney for Jesse Latterell, to extend the deadline for recording the final plat and Development Contract for Latterell Estates to April 1 ,2008. This site is located east of CSAH 21 and Eau Claire Trail NE, and west of Calmut Avenue. This report recommends approval of this request. History On October 1, 2007 the City Council approved Resolution 07-174 approving the final plat and Development Contract for Latterell Estates. This final plat subdivided the existing parcel, into 2 residential lots. A condition of approval of the final plat and Development Contract required the plat be recorded within 90 days of approval, or by January 1, 2008. Section 1002.305 of the Subdivision Ordinance states the final plat shall be considered null and void if not recorded within the prescribed time, unless a request for an time extension is submitted in writing and approved by the City Council prior to the expiration date. On December 7, 2007, the Planning staff received the attached letter from Steve Ling, requesting an extension of this deadline. This extension would be for a period of three (3) months or until April 1, 2008. Current Circumstances Although the developer has received final plat approval, no work has been done on this site. No grading shall be considered until all development fees are paid and the final plat and Development Contract are recorded at the Scott County Offices. The purpose of the application deadline is to keep the platting process moving forward. The extension of this deadline will allow the property owner to delay the recording of the plat, so that he may postpone the financing of the project until the spring market season. If the owners fail to meet this extended deadline, the final plat approval becomes null and void, and they will be required to resubmit an application for a combined preliminary and final plat approval. This action has no financial impact on the City. www.cityofpriorlake.com L\07 FILES\O? SUBDIVISIONS\O? Prpfi~~~ Bg51~'4~7:1?f8b'at(~?,I~~~t9'~~~a~7~424~ cc aqenG;) (epoli.UUc' ALTERNATIVES: The City Council has three alternatives: 1. Adopt a resolution approving the request to extend the application deadline until April 1, 2008, as requested. 2. Continue this item for specific information or reasons per City Council discussion. 3. Deny the request and direct the staff to prepare a resolution denying the requested extension. Staff recommends Alternative #1. RECOMMENDED MOTION: A motion and second adopting Resolution #07 -xx approving an extension of the deadline for recording the final plat and development contract for Latterell Estates until April 1, 2008. Reviewed by: UG? FILES\G? SUBDIVISIONS\O? PREUrvl & 7-07 cc 4646 Dakota Street S.E. Prior Lake, MN 55372-1714 RESOLUTION 07 -xx A RESOLUTION AUTHORIZING EXTENSION OF THE DEADLINE FOR RECORDING THE FINAL AND DEVELOPMENT CONTRACT FOR LATTERELLESTATES UNTIL APRIL 1,2008 Motion By: Second By: WHEREAS, The Prior Lake City Council adopted Resolution 07-174 on October 1, 2008, approving the combined preliminary and final plat and development contract for Latterell Estates; and WHEREAS, Resolution 07-174 Section requires the applicant to record the final plat and development contract within 90 days of approval, in this case by January 1, 2008; and WHEREAS, Steve Ling, attorney on behalf of the property owner, has submitted a request to extend the recording deadline to April 1, 2008; and WHEREAS, The City Council finds the extension of this deadline consistent with the intent of the provisions of Section 1002.305. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The deadline for recording the final plat and development contract for Latterell Estates is extended from January 1, 2008 to April 1, 2008. 3. No grading permit shall be considered until all development fees are paid, and the final plat and Development Contract are recorded at the Scott County Offices. PASSED AND ADOPTED THIS 17TH DAY OF DECEMBER, 2007. YES NO Haugen Haugen Hedberg Hedbera Erickson Erickson leMair leMair Millar Millar Frank Boyles, City Manager L. FINi\L\Li~cityofpfli~rroi1 Phone 952.447.9800 / Fax 952.447.4245 12/07/2007 14:47 g524323780 SEVERSON SHELDON PAGE 131/01 December 7. 2007 Jeff Matzke City of Prior Lake 4646 Dakota Street S.E. VIA FACSIMILE: 952-447-4263 Re: Request for extension to file plat for Latterell Estates J eft': I spoke with Jesse Latterell and it is my understandin.g that he has talked to you about a request for an extension to file the plat for Latterrelt Estates. We would like to fonnally request a three (3) month extension to ftIe the plat for Latterrell Estates. Due to the current housing market and concerns with financing this project, it seems that Jesse may not be able to start construction yet this year as originally anticipated. A three month extension will allow him to get through the winter months when the housing market may pick up again. Please let me know if you need anything further to consider his request for an extension . to file the plat. ~~~ . Stephen A. Ling, a: ~ LatJ:ere1l