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07-16-07 PCITEM 3.1 R7 Ig14E5' A 5 5 0 C iA? -r� � C 0 1�1F�01LTAPIgT:5-S G,9 4800 Olson Memorial Highway, "`cite 202, Golders V Hey, f\/11,1 56422 Telephc:)ne: 763.231.2555 Facsimile: 763.231.2561 plan ncrsf«nacplanning.corn r PLANNING REPORT TO: Otsego Planning Commission FROM: Cassie S-Georgopoulos/Daniel Licht, AICP DATE: 12 June 2007 RE: Otsego --Witschen 2nd Driveway CUP FILE NO: 176.02 — 07.12 BACKGROUND BRICO Builders Inc of Buffalo, MN has applied for a CUP for the consideration of a second drive at the home of Bob Witschen, 10251 Kahler Ave NE. The second driveway is to access proposed detached garage at the west corner of his property fronting onto 101St Street. The property is zoned R-1, Residential — Long Range Urban Service Area (river frontage). Section 20-21-4.H.11.d of the Zoning Ordinance requires approval of a conditional use permit for installation of more than one access to a public street for single family lots within the R-1 District. Exhibits: A. Site Location B. Certificate of Survey C. Engineering Manual Driveway Standards ANALYSIS Second Access. Section 20-21-4.H.1 1.d(2) of the Zoning Ordinance provides that lots within the R-1 District be allowed one access and a second access may be allowed by conditional use permit. The decision as to approval of a CUP for a second driveway is to be based on the following criteria: 1. There is a demonstrated need for more than one (1) lot access due to physical site constraints (soils, steep slopes, significant vegetation, ponds or wetlands) or the location of the existing principal buildings. Comment: Due to the location of the property owner's septic system, a continued access off of the existing driveway cannot be constructed. 2. The lot shall have a minimum of one hundred fifty (150) feet of frontage to a public street. Comment: The subject site is a corner lot with 330 feet of frontage along Kahler Avenue where the driveway to the attached garage is located and approximately 230 feet of frontage along 101St Street. The second driveway access is proposed to be located on the 101St Street frontage. 3. The location of all access points shall be subject to compliance with Section 20- 21-4.H.7 of the Zoning Ordinance and approval of the City Engineer and the County Engineer when applicable. Comment: The location of the proposed driveway is shown to be more than five feet from a side lot line and more than 60 feet from an intersection of two streets as required by the Zoning Ordinance. 4. The design of the lot access shall conform to the specifications established by the Engineering manual. Comment: Because the subject property is located within a single-family subdivision the maximum access width within the right-of-way shall not exceed thirty (30) feet consistent with Zoning Ordinance requirements and the Engineering Manual. The driveway does not appear to be more than 15 feet wide, but the applicant must verify this as a condition of approval. 5. A lot having access from two public streets (in the case of a corner lot or double frontage lot) may incur additional costs related to street improvement projects benefiting the property. Comment: The subject property is located on a corner lot and the property owner may be responsible for additional costs related to street improvement projects benefiting the property as a condition of approval. Surfacing. Residential single family uses must have driveways surfaced with asphalt, concrete, cobblestone or paving brick in accordance with the regulations of Section 20- 21-4-H.12.b of the Zoning Ordinance. As a condition of approval, the proposed second driveway access must be paved with an approved material. CUP Criteria. In addition to the specific performance standards applicable to the allowance of a second driveway, the Planning Commission must also consider the criteria outlined in Section 20-4-2.F of the Zoning Ordinance: 2 The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan establishes policies requiring the number of accesses to public streets is to be minimized to balance property access with proper traffic management, land use compatibility and to avoid private improvements within public rights-of-way. The location of the existing septic system for the principal dwelling necessitates the need for a second driveway consistent with the criteria established by the Zoning Ordinance for allowing more than one access to a lot. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The subject site is located in a subdivision of 2.5 acre single family lots with minimum widths of at least 200 feet. The establishment of a second driveway will be compatible with the surrounding land uses, given that they are all single family residential lots of at least one acre in area. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment. The design and location of the second driveway shall conform to all applicable Zoning Ordinance and Engineering Manual performance standards. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed second driveway is not anticipated to generate any additional traffic impacting 101st St. 5. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Comment: The proposed use is not anticipated to have a negative impact to the City's service capacity. RECOMMENDATION The applicant has submitted necessary information demonstrating that the criteria for allowance of a second access to a single family lot have been satisfied. We recommend approval of the CUP with the conditions as outlined below. POSSIBLE ACTIONS A. Motion to approve a CUP allowing a second driveway located at 10251 Kahler Ave NE subject to the following conditions: 1. The width of the second driveway must adhere to regulations of Section 20-21- 4.H.7 of the Zoning Ordinance and the specifications of the Engineering Manual, subject to approval of City Staff. 2. Per regulations outlined in Section 20-21-4-H.12.b of the Zoning Ordinance, the second driveway must be surfaced with asphalt, concrete, cobblestone or paving brick. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Ron Wagner, City Engineer Andy MacArthur, City Attorney Bob Witschen (Property Owner) Brian Pederson (Applicant/Builder) 4 Ca ME) 1ctl r CITC: S ON THE GREAT RIVER ROAD CLEVAT,ONS• CER T/F/C,4 TE GARAGEFLOOR. yry 0/c SUR VE)-, LOWEST OR - r/0, TOP fOUNDA/ON - J V£R/FY W/rN coNrancrBoR FOR `^ THE LOWEST FLOOR ELEVAr/ON /S MARCON, INC, SUO✓£CT TO SUO SO/L AND WA re,?THOLE 0L Z ` CON"PONS. of • /•�1 t� ,If p�/P& ,c,�y // ,u �,�� ,J .,\ CRAPH/C SCALE/NFEET u �i M� plP idd, p .r 113' A Y .i*.- le ��,I �R�7 ' yY �}' // `\�so 23 o 1i 50 /00 /50 [(�.6 t� I y_V.�' .,Q1I7,� W. ♦ _ OENO TES: •� / /I� it P! / y' 4{� -+ O • IRON MONUMENT FOUND PF p. E• O IRON MONUMENT SET R, L, S, NO. /02JJ \ O O LATH ONLY SET /11 l // 0� C L` ❑ HUB AND NA /j. SET fROP NG SPOT EL EVA r/ON PROPOSED EL EVA riON VAA ARROWS GROUND CONTOURS W � LOT 7, BLOCK 5, ISLAND VIEW ESTATES, WR/GHT COUNTY, M/NNES07-A. Z, S0NL Y EASEMENTS ON RECORO PLAT ARE SHOWN ON TH/S n URVEY UNLESS AOD/T/ONAL DOCUMENTA T/ON OF OTHER EASEMENTS OF RECORD ARE PRO V/DED TO US. • 0 EXHIBIT B Z©COPYRIGHT /992, TAYLOR &AND SURVEYORS, /NC. I TAYLOR /HEREBY CERT,l� r THAT TH/S SURI/EY, RUN p5 L,4N0 SURVEYORS /NCT w BEA'CNMARK rOP of TELEPHONE PEDESTAL AT THE MOST m -,L y CORNER OF LOT 7, BLOCK J ! SEZY OUADRANr OF INTERSECT/ON OF /O/ ! STREET AND KAHL ER AVENUE / SEA LEVEL OA TUM EL EVA r/ON - 9/2.77 AS RRERAREO BY ME OF 4MCR MY LyRECT saon t Slav AAO rwr /AMA at r 2/3 /FEST BRG{gOKAY P. O. BOX /79 REG/STEREO LAAO S4RyEYQ9 (JMCR THE LAlYS MG1NT/CELLO, MINNESOTA 55362 a` THE STATE OF B, WAL-Sor NhME: / 6/21295 -.3388 METRO: 422 - 9/26 FAX: 295 - 3409 ���� A¢aw�v Br CILMT By—QENN/S Y, TA 1L aL /52i3 OATS ITEM 3-2 y [4011THWEST ASSOCIATED CONSULtnfi T5, INC. (_>I 1n h40 oral_High-o ak Suitt: C-01 IC -11 Vallr{ IHTE . . �: 0.8;tr,��r.FsL,-I iln� c,urr: PLANNING REPORT TO: Otsego Planning Commission FROM: Laurie Smith / Daniel Licht RE: Otsego — Lindenfelser Rezoning and CUP REPORT DATE: 11 July 2007 ACTION DATE: 31 August 2007 NAC FILE: 176.02 — 07.15 CITY FILE: 2007 - 24 BACKGROUND Lindenfelser Brothers own a 98 -acre parcel located east of Kadler Avenue and north of 80th Street. The subject site includes a farmstead and agriculture fields. The property owners are requesting to subdivide a one acre parcel to allow for construction a new single family home. The existing parcel is currently zoned A-1, Agricultural -Rural Service District. The A-1 District requires a minimum lot size of 20 acres. The A-2 District allows for lots less than 20 acres by approval of a conditional use permit (as well as greater potential density). As such, the property owner is requesting a rezoning to A- 2, Agricultural Long -Range Urban Service District and a conditional use permit to allow for the proposed subdivision. Exhibits: A. Site Location B. Site Survey/Site Plan C. Recommended Location/Site Plan ANALYSIS Zoning. The subject site is currently zoned A-1, Agricultural -Rural Service District. The A-1 District allows development density at one dwelling unit per 40 acres and the minimum lot size for lots established after October 2002 is 20 acres. The applicant is requesting a rezoning of the existing 98 acre parcel and a one acre subdivision in order create a lot for construction of a new single family home. Density. The allowed density within the A-1 District is one dwelling unit per 40 acres. With a rezoning to A-2 District, the allowed density increases to one dwelling unit per 10 acres. As such, the subject site will be allowed up to nine development rights, including the existing farmstead dwelling. The minor subdivision establishing the one acre parcel must include a deed restriction on that parcel prohibiting further resubdivision until rezoned again for urban use and a restriction on the parent parcel allowing for up to eight development rights under the proposed A-2 District zoning. Lot Requirements and Setbacks. The following table outlines the setback requirements of the A-2 District and displays the proposed use's compatibility with the requirements. Lot Lot Setbacks Area Width Front Side Rear Required 20 acres 450 ft. 65 ft. 10 ft. 50 ft. Proposed 1 acre 160 ft. 155 ft. 15 ft. 90 ft. The proposed lot meets all A-2 District setback requirements, but is not consistent with the minimum required lot area and lot width. Section 20-52-5.H of the Zoning Ordinance allows for the creation of lots less than 20 acres in area within the A-2 District by conditional use permit. The approval of the CUP is to be based on compliance with the following criteria: All other applicable requirements of Section 20-52-6 of this Chapter are complied with. 2. A concept plan utilizing all development rights allowed by Section 20-52-6.8 of this Chapter is submitted and recorded with the subdivision. 3. Lots are to be clustered and the overall subdivision designed in such a manner so as to provide for logical future street and utility extensions. 4. No lot shall be less than one (1) acre in size or 150 feet in width. 5. The maximum lot size for clustered lots in the Urban Service Reserve Area shall be two and one-half (2.5) acres except if one of the following conditions is met: a. Topography, soils, wetlands, or other natural features dictate a larger minimum lot area. b. The location of existing buildings cannot be fully accommodated in compliance with applicable setback requirements of Section 20-52-6. C of this Chapter. 0) C. One (1) development right as allowed by Section 20-52-6.8 of this Chapter is used for a dwelling located on the present parcel outside of the residential cluster. 6. A resubdivision plan for future division of each lot with availability of municipal sanitary sewer service is submitted and recorded on the deed for each lot. Principal and accessory buildings shall be located on each lot in conformance with all present and future setback requirements based on the resubdivision plan. 7. A deed restriction is placed on the parcel exercising development rights and all subdivided lots to prohibit additional subdivision unless is conforms to applicable zoning district requirements. 8. Each lot is capable of accommodating a private well and septic system. 9. The provisions of Section 20-4-2. F of this Chapter are considered and satisfactorily met. The proposed one acre parcel to be subdivided is consistent with the applicable requirements set forth above. The proposed parcel will be able to provide a private well and septic system as well as a single family home and related accessory buildings and structures within applicable setback requirements. It is noted that the parcel has an area of 1.01 acres if the right-of-way easement for Kadler Avenue is not included. The applicant has not submitted a resubdivision plan for the balance of the 98 acre parcel. The location of the proposed parcel is just to the north of the east -west quarter section line dividinp the 98 acre parcel, essentially in the middle of the property between 80"' Street and 85t Street. To avoid the need for access directly to Kadler Avenue provide for future local street extensions and subdivision of the remaining 98 acre parcel, we recommend that the proposed parcel be shifted to a location 30 feet off of the east -west quarter section line. The remaining 30 feet to the quarter section line should be dedicated as a right-of-way easement and the site plan setbacks and driveway layout revised to anticipate access off of a future local street centered on the quarter section line (utilizing a temporary driveway within the right-of-way easement). An additional condition of CUP approval should be that future lot divisions from the parent parcel will require construction of a local street centered on the quarter section line and access to this street. This concept is shown on Exhibit C. Access. The existing farmstead will continue to access off of Kadler Avenue and the one acre lot is proposed to access off of Kadler Avenue as well. The submitted survey identifies dedication of a 75 foot wide right-of-way easement consistent with the requirements for future Kadler Avenue. Kadler Avenue is designated by the Transportation Plan as a collector street. The Comprehensive Plan directs that direct lot access to collector streets is to be prohibited. The 98 acre parcel also 80th Street NE 3 to the south, which is also designated as a collector street with similar access limitations As described above, City staff is recommending a revised lot location, site plan and dedication of an additional right-of-way easement to comply with the provisions of the Comprehensive Plan regarding access to future collector streets. It is also noted that the survey identifies Kadler Avenue as a 22 foot wide gravel roadway. However, the street was widened and overlaid with asphalt as part of the Riverwood National development. The survey must be revised to accurately reflect Kadler Avenue. Park and Trail Dedication. The minor subdivision creates the opportunity for a new dwelling unit to be constructed on the one acre parcel. As such, the property owner is required to pay one park and trail dedication fee of $3,230.00 as a condition of approval for the minor subdivision. Additional park and trail dedication would be required if additional lots are subdivided from the balance of the 98 acre parcel in the future based on the current land or cash fee in lieu of land requirements in effect at that time. Easements. In addition to the right-of-way easements described above, Section 21-7- 15 requires 10 foot wide drainage and utility easements at the perimeter of all lots. These easements are not shown on the submitted survey and must be. Additional drainage and utility easements are required over any wetlands on the property. The applicant must verify that there are no wetlands on the property. Utilities. The proposed lot will be served by a private on-site septic system and well. A condition of CUP approval is that the applicant submit necessary soil test information demonstrating adequate area for a septic system including a two drainfield locations. The provision of on-site utilities is subject to review and approval by the City Engineer. Minor Subdivision. The proposed subdivision qualifies as a minor subdivision that can be approved administratively by the Zoning Administrator. The property owner has submitted the necessary survey and legal description for the proposed lot. City staff will approve the subdivision upon City Council approval of the Zoning Map amendment and conditional use permit and satisfaction of applicable conditions. Criteria. Consideration of the requested Zoning Map amendment and conditional use permit applications is to be based upon, but not limited to, the criteria outlined in Section 20-3-2.F and Section 20-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan guides the site for rural land uses. The proposed rezoning will allow for a one acre single family residential lot, which is consistent with the future land use plan. 2. The proposed use's compatibility with present and future land uses of the area. 0 Comment: Surrounding land uses currently consist of primarily agricultural -rural service area uses and large lot single family uses. The surrounding area is guided for rural land uses. As such, the proposed use will be compatible with the existing and planned land uses surrounding the subject site. 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use shall conform to all requirements of the Zoning Ordinance, Subdivision Ordinance and Engineering Manual as a condition of approval. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The proposed use is not anticipated to generate traffic that will overwhelm the capabilities of the streets serving the property provided that measures are taken to locate the lot and design the site access in such a way as to comply with access restrictions to Kadler Avenue and allow for logical extension of future local streets. 5. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City=s service capacity. Comment. The proposed use is not anticipated to have a negative impact to the City's service capacity. RECOMMENDATION The applicant has submitted the required materials for rezoning and conditional use permit for the establishment of a one acre single family residential lot from an existing 98 acre parcel. The rezoning and CUP will allow for one new single family dwelling unit and the continued use of the existing farmstead and agriculture use for the balance of the 98 acre parcel, which will be reserved for future development. Our office recommends approval of the rezoning and conditional use permit subject to the conditions outlined as follows. 5 POSSIBLE ACTIONS Decision 1 — Zoning Map Amendment A. Motion to approve a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based on a Comment that the request is consistent with the Comprehensive Plan. B. Motion to deny the application based on a Comment that the request is inconsistent with the Comprehensive Plan. C. Motion to table. Decision 2 — Conditional Use Permit A. Motion to approve a conditional use permit allowing a residential lot size of one acre within the A-2 District, subject to the following conditions: The proposed minor subdivision shall comply with all requirements of the Zoning Ordinance and is subject to review and approval by City staff. 2. The one acre parcel shall be deed restricted to prohibit further subdivision unless there is a change in the Comprehensive Plan or the property is rezoned to allow a more intensive use. 3. The 98 acre parcel shall be deed restricted to not more than seven potential dwelling units subject to necessary zoning and subdivision approvals unless there is a change in the Comprehensive Plan or the property is rezoned to allow a more intensive use. 4. The applicant shall satisfy applicable park and trail dedication requirements for one new development site in the amount of $3,230 as a condition of approval for the minor subdivision. 5. The applicant shall dedicate a 75 -feet of right-of-way easement adjacent to Kadler Avenue as a condition of approval for the minor subdivision. 6. The proposed lot shall be shifted to a location 30 feet off of the south line of the NW '/4 of the SW '/a of Section Range Township with the 30 feet between the property line and quarter section line dedicated as a right-of-way easement. 7. The site plan for the subject site shall be revised such that access is to be off of a temporary driveway within the 30 foot right-of-way easement and no direct access shall be allowed. I: 8. Future subdivisions of the remaining parent parcel shall be prohibited from accessing Kadler Avenue or 80th Street directly requiring dedication of an additional 30 feet wide right-of-way abutting the 30 feet wide right-of-way to be dedicated with this application and construction of a local street along the north line of the proposed lot(s). B. Motion to deny the application based on a Comment that the request is inconsistent with the Comprehensive Plan, Zoning Ordinance and/or Subdivision Ordinance. C. Mike Robertson Judy Hudson Andy MacArthur Ron Wagner Doug Lindenfelser 7 CITY OF TSEGO 771 T r�_ fac LA", ON THE GREAT RIVER ROAD s-�� - .: -- r i I i I, F Ld TIS' TP ) 1 II up � , � +, _ _ •I -- �` BABE I.MP DATA PROVIDED BY i SITE LOCATION — — - — _ � 11_3 Ip- --I-- -•- - ;� ; .' I ; :% I •'I y, i I ' .: 1. � - P - - '=� . � I � � '' --� _� iii -I - ^• _ `II _LL Inns l-� ..III 0 0.5 1 2 Miles' 1 inch equals 1 mile ov n EXHIBIT B !} : % 4fN . ,. 'a) 2^ B� ..e»-. .. ~ Q :. . - - w -- ... . ,lgj .a, ter 2! ---- J�.2.. ® • \ -- = 2 k » % 2 � \ a d & «: EXHIBIT B 09I I ' EXHIBIT C ITEM 3-3 NORTHINESY ASSOCIATED CONSULTANTS.. �NC. 4300 Olson Memorial Highway, Suite 202, Golden Valley, MFJ 55422 Telephone: 763.2 31.2555 Facsimile: 763.231.2561 corn PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Subdivision Ordinance; Half streets REPORT DATE: 11 July 2007 NAC FILE: 176.08 BACKGROUND At their meeting on 25 June 2007, the City Council approved a variance to allow issuance of a building permit for a new home replacing an existing dwelling on a lot accessed by a dedicated half -street. The need for the variance existed as Section 21-7- 7.J of the Subdivision Ordinance prohibits issuance of building permits for lots accessed only from half streets. In approving the variance, the City Council also directed that the Planning Commission consider an amendment to this provision of the Subdivision Ordinance to clarify its intent and application relative to existing developed properties. A public hearing to consider an amendment to Section 21-7-7.J of the Subdivision Ordinance has been noticed for the Planning Commission meeting on 16 July 2007 at 7:00 PM. Exhibits: A. Draft amendment ANALYSIS An overall objective of the City's Zoning and Subdivision Ordinances is to ensure that development is allowed only when accompanied by necessary public infrastructure, including adequate public streets. Half streets do not meet the City's minimum development standards and thus the Subdivision Ordinance includes Section 21-7-7.J prohibiting development occurring only with access to a half street: J. Half streets. Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable time elapsing before dedication of the remainder shall be considered in this decision. No permanent street improvement shall be permitted within a half street right-of-way. All lots having frontage or sole access from a half street are prohibited from being eligible for building permits. (emphasis added) A half street would typically only be approved as part of a subdivision to provide for future extension of a public street serving that may be needed in the future but which is not needed to accommodate a current development proposal. The issue raised by the Lorbiecke variance applications is that the subject site and other lots along 62nd Street east of Oakwood Avenue were developed prior to the City accepting dedication of the roadway as a half -street to address long term maintenance, access and public safety issues. The ability for the Lorbiecke's or other existing developed properties accessed by half - streets to maintain or improve upon the livability of an existing residence or structures is caused undue hardship by the current language of Section 21-7-7.J of the Subdivision Ordinance. In approving the variance, the Planning Commission and City Council made findings that the intent of the Subdivision Ordinance provision is to not increase the use of the half street for development beyond the conditions that existed when the street was accepted by the City. To this end, the following language is proposed to clarify the provisions of Section 21-7-7.J of the Subdivision Ordinance: J. Half streets. Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable time elapsing before dedication of the remainder shall be considered in this decision. No All undeveloped lots, outlots or parcels having access nly from a half street are prohibited from o being eligible for building permits except as may be allowed by the Zoning Ordinance. We recommend that the last provision regarding exceptions as may be allowed by the Zoning Ordinance be included to address the potential allowance of access using a half street. Section 20-21-4.1-1.2 of the Zoning Ordinance which allows access other than to an improved City street by conditional use permit or use of a PUD -CUP or PUD District are the two means by which access via a half street can be accommodated under the Zoning Ordinance. The proposed language above eliminates what may be interpreted as a conflict between the Subdivision and Zoning Ordinance provisions and is consistent with past City approvals. 2 RECOMMENDATION City staff recommends approval an amendment to Section 21-7-7.J of the Subdivision Ordinance to clarify that the provision does not apply to existing developed properties and that there are mechanisms within the Zoning Ordinance that would allow potential new development to be accessed by a half -street. POSSIBLE ACTIONS A. Motion to approve an ordinance amending Section 21-7-7.J of the Subdivision Ordinance. B. Motion to deny the amendment based on a finding that the request is inconsistent with the policies of the Comprehensive Plan and intent of the Zoning Ordinance and Subdivision Ordinance. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Tim Rochel, Building Official Andy MacArthur, City Attorney Ron Wagner, City Engineer ORDINANCE NO.: 2007 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE RELATED TO HALF STREETS. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 21-7-7.J. of the Subdivision Ordinance is hereby amended to read as follows: J. Half streets: Half streets shall be prohibited except where it will be practical to require the dedication of the other half when the adjoining property is subdivided, in which case the dedication of a half street may be permitted. The probable time elapsing before dedication of the remainder shall be considered in this decision. All undeveloped lots, outlots or parcels having access only from a half street are prohibited from being eligible for building permits except as may be allowed by the Zoning Ordinance. Section 2. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: EXHIBIT A ADOPTED by the Otsego City Council this 25th day of July, 2007. CITY OF OTSEGO BY: Larry Fournier, Mayor ATTEST: Judy Hudson, Zoning Administrator/City Clerk