The applicant must comply with the street construction requirements, with deferral allowed under the preliminary plat and CUP approval.

“MOTION BY ALDERS TO APPROVE THE PRELIMINARY PLAT AND CUP TO ALLOW DEFERRAL OF STREET CONSTRUCTION REQUIREMENTS; 2nd BY RAINVILLE.”

Adopted by motion: "MOTION BY ALDERS TO APPROVE THE PRELIMINARY PLAT AND CUP TO ALLOW DEFERRAL OF STREET CONSTRUCTION REQUIREMENTS; 2nd BY RAINVILLE. ALL IN FAVOR. MOTION CARRIED."

The project requires a Conditional Use Permit to allow deferral of street paving requirements under City Code Section 10-3-3.C.

“A CONDITIONAL USE PERMIT is required to allow deferral of street paving requirements under City Code Section 10-3-3.C.”

The 66-foot future local street right-of-way must be used as a shared driveway until the City accepts and maintains a public road there by resolution.

“The proposed 66-foot right-of-way for the future local street shall be used for a shared driveway until such time as the City agrees by resolution to accept and maintain a road”

The shared driveway must be constructed to meet street base and subbase requirements under Section 10-3-3.B.

“The shared driveway is constructed to meet street base and subbase requirements required by Section 10-3-3.B.”

Emergency access must meet the driveway access requirements of Section 11-6-2.J and be shown on the approved plans.

“The driveway access requirements of Section 11-6-2.J are met and shown on approved plans.”

The division must involve no more than three buildable lots that front on and have direct driveway access to the required right-of-way, excluding future-development outlots.

“The division involves no more than three (3) buildable lots which front upon and gain direct driveway access”

Impacted property owners must acknowledge that the properties may be subject to a future assessment under Minnesota Statute Chapter 429 (or other relevant statute) for future improvement once the right-of-way is accepted by the City.

“the properties may be subject to a future assessment pursuant to Minnesota Statute Chapter 429 or other relevant statute”

The cul-de-sac turn-around bulb must be constructed to City standards for emergency access.

“the turn-around 'bulb' must be constructed to City standards to allow for emergency access”

The temporary (gravel) cul-de-sac must be built to accommodate delivery and emergency vehicles and be constructed consistent with the City’s base and subbase public road requirements.

“The gravel cul-de-sac must be built to accommodate delivery and emergency vehicles.”

A shared driveway maintenance agreement is required, must be reviewed and approved by the City Attorney, and must be recorded against all impacted properties.

“A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded against all impacted properties.”

A Lot Split Agreement must be drafted by the City Attorney, signed and recorded, prohibiting further subdivision until the public street is built to full width and accepted by the City, and the applicants must comply with its terms.

“A Lot Split Agreement is drafted by the City Attorney, signed and recorded which prohibits any further subdivision of the lots contained in the Leistico Subdivision until such time…”

The dedicated right-of-way must be treated as a shared driveway until the City agrees by resolution to accept and maintain it as a public street.

“The right-of-way shall be considered a shared driveway until such time as the City agrees by resolution to accept and maintain the dedicated right-of-way as a public street”

Property owners must be solely responsible for maintaining the shared driveway unless the City agrees otherwise in writing, and a City Attorney-approved maintenance agreement must be recorded against all impacted properties.

“A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded against all impacted properties.”

A building permit for Jason Gustafson’s house may be issued, but a Certificate of Occupancy cannot be granted until the gravel road is complete and the final plat and agreements are recorded.

“the Certificate of Occupancy would not be granted until the gravel 'road' was complete (final plat and development/shared driveway agreements recorded).”

The applicant must ensure a deed restriction requiring the driveway be built to City bituminous road standards after the right-of-way is accepted, with City Attorney approval, and recorded against all impacted properties.

“The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties impacted.”

Property owners must agree that no additional property subject to the shared driveway agreement may be further subdivided or platted without the City's express written consent.

“no additional property subject to the shared driveway agreement shall be further subdivided or platted without the City's express written consent”

Each of the three lots must be deed-restricted so that the next time any parcel is split, that splitting parcel must construct the road within the right-of-way to City standards for City acceptance as a public street.

“each of these three lots being deed restricted such that the next parcel that is split, needs to construct the road within the right-of-way to the city standards such that it is ac…”

Shared driveways serving three or more properties/homes must have a 20-foot-wide access drive.

“A twenty (20) foot wide access drive shall be required for shared driveways which serve three (3) or more properties/homes.”

The subdivision and access to CSAH 22 must be reviewed and approved by Anoka County.

“The subdivision and access to CSAH 22 shall require review and approval by Anoka County.”

A deed restriction, subject to City Attorney review and approval, must be recorded against all impacted properties.

“The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties impacted.”

A private shared driveway may be used only on an interim basis until a public road is constructed and accepted by the City.

“a private shared driveway will be allowed on an interim basis until such time as a public road is constructed and accepted by the City”

Overhead clearance along the driveway route must be at least 13 feet, 6 inches for passage of fire vehicles.

“Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles beneath trees, power lines”

All comments in the City Engineer memo from Hakanson Anderson dated March 20, 2024 must be incorporated as conditions of approval.

“All comments contained within the City Engineer memo from Hakanson Anderson dated March 20, 2024 are incorporated herein”

Parcel two must obtain County approval for direct access to Norris Lake Road.

“Parcel two will need county approval for direct access to Norris Lake Road.”

The December 12, 2023 December Findings of Fact must be incorporated as conditions of approval.

“The December Findings of Fact are incorporated herein as though set out in full.”

The subdivision and access to CSAH 5 must comply with Anoka County approval conditions in the November 4, 2020 letter.

“The subdivision and access to CSAH 5 shall adhere to Anoka County approval conditions outlined in the November 4, 2020 letter.”

Any division containing an existing principal residential structure relying on direct lot frontage or driveway access to the required right-of-way counts as one of the three lots.

“Divisions containing an existing principal residential structure which relies upon direct lot frontage or driveway access”

Until the shared driveway is built to City bituminous standards and accepted as a public road, owners must be responsible for its maintenance and must execute, obtain City Attorney approval of, and record a shared driveway maintenance agreement against all impacted properties.

“A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded against all impacted properties.”

Project improvements must be constructed in substantial conformance with the Site Plans as revised to meet the Staff Memos and December Findings of Fact requirements.

“The improvements to the Subject Property shall be constructed in substantial conformance with the Site Plans as revised to conform to the requirements”

The applicant must prepare a shared driveway agreement and a maintenance agreement for the driveway located within the right-of-way.

“Lindberg has to prepare a shared driveway agreement anyway and maintenance agreement for this driveway within the right-of-way”

Until the shared driveway is built to City bituminous road standards and accepted as a public road, maintenance is the responsibility of the fronting/accessing property owners unless the City agrees otherwise in writing.

“maintenance of the shared driveway shall be the sole responsibility of property owners fronting on the dedicated right-of-way and/or gaining access from the shared driveway unless …”

Drainage/utility easements and buffers must be shown around wetlands as required; wetland buffer signs must be installed at 200-foot intervals; buffers shown on the survey must be established and maintained; and no wetlands may be impacted during specified construction activities.

“Drainage/utility easements and buffers have been shown around the wetlands as required under state law and wetland buffer signs shall be installed at 200-foot intervals. Wetland bu…”

No future divisions may occur without written approval of the Nowthen City Council until a public street is constructed and accepted by the City.

“no future divisions will be permitted without the written approval of the Nowthen City Council until such time as a public street is constructed”

To defer local street paving, the applicant must obtain a Conditional Use Permit and comply with City Code Section 10-3-3.C.

“The new local street requires a CUP to allow deferral of street paving construction requirements and adherence with Section 10-3-3.C of the City Code is required.”

The deferral for Leistico Street Paving must be recorded.

“Needs to be recorded</td> </tr> <tr> <td”

If updated Site Plans require changes to lot lines or easements, those revisions must be incorporated into the Final Plat; the developer must revise the Site Plans and Final Plat as needed, and any required off-site easement must be provided as a separate document for City approval before the Final Plat is released for recording.

“If an off-site easement is required to address a comment, then a separate easement document shall be provided to the City for review and approval prior to release of the Final Plat…”

The property must be residentially zoned to qualify for street surfacing deferral.

“Street surfacing requirements may be deferred for local streets through approval of a Conditional Use Permit by the City Council, subject to the following: a. The property is resi…”

The building pads proposed on Lots 2 and 3 must be reviewed and approved by the City Engineer.

“The proposed building pads as shown on Lots 2 and 3 are generally acceptable but shall be subject to review and approval of the City Engineer.”

The applicant must upgrade the shared driveway to City bituminous road standards once the right-of-way is accepted by the City.

“driveway, as constructed to City bituminous road standards, once the right-of-way is accepted by the City.”

The parcels must be deed restricted to require construction of the street to city standards upon any future subdivision.

“The parcels will be deed restricted to require construction of the street to city standards upon any future subdivision.”

The subdivision, intersection realignment at Pinnaker Road/CSAH 24, and driveway/ditch work onto CSAH 24 must be reviewed and approved by Anoka County.

“The subdivision, proposed realigned intersection at Pinnaker Road and CSAH 24 and direct driveway access/ditch work onto CSAH 24 will be subject to review and approval of Anoka Cou…”

The City Council must comment on the need for screening or may waive screening based on limited impacts on adjacent properties.

“The City Council shall comment on the need for screening or may waive this requirement based on the limited impacts”

The driveway must be at least 12 feet wide and designed for emergency vehicle maneuvering/turnaround, and shared driveways serving three or more properties must be 20 feet wide.

“The driveway shall be a minimum of twelve (12) feet in width and shall be designed to accommodate the maneuvering and turnaround of emergency vehicles”

Property owners must acknowledge the properties may be subject to future assessment for improving the shared driveway to City bituminous standards once the right-of-way is accepted by the City.

“the properties may be subject to a future assessment pursuant to Minnesota Statute Chapter 429 or other relevant statute for the future improvement of the shared driveway”

All lots within the subdivision must be deed restricted as part of the Street Surfacing Deferral.

“All lots within the subdivision will be deed restricted as part of the Street Surfacing Deferral discussed herein.”

Until the shared driveway is built to City bituminous road standards and accepted as a public road, the properties subject to the shared driveway agreement may not be further subdivided or platted without the City’s express written consent.

“no additional property subject to the shared driveway agreement shall be further subdivided or platted without the City's express written consent.”

The applicant’s surveyor must prepare right-of-way legal descriptions for the proposed local street, which must be reviewed and approved by the City Engineer and dedicated to the City via permanent roadway easements recorded with Anoka County.

“Legal descriptions for the right-of-way required for the proposed local street are prepared by the applicant's surveyor, reviewed and approved by the City Engineer and dedicated to…”

An address placard with all three house numbers must be placed at Engen Blvd. and where the individual driveways split from the shared driveway.

“an address placard with all three house numbers shall be placed at Engen Blvd. and also where individual driveways split from the shared driveway.”

Until upgraded to City bituminous standards and accepted as a public road, maintenance is solely the responsibility of the benefiting property owners, a City Attorney–approved maintenance agreement is required, and it must be recorded against all impacted properties.

“A shared driveway maintenance agreement shall be required, is subject to review and approval of the City Attorney and shall be recorded against all impacted properties.”

Public right-of-way must be dedicated in accordance with the width requirements in City Code Section 10-3-2.

“Right-of-way is dedicated for public use in accordance with the width requirements contained in Section 10-3-2.”

The deed restriction must be reviewed and approved by the City Attorney and recorded against all impacted properties.

“The deed restriction is subject to review and approval of the City Attorney and shall be recorded against all properties impacted.”

A development agreement must be signed and recorded that prohibits further subdivision until the public street is built to full width, meets City bituminous road standards, and is accepted by the City, and the applicants must comply with and record the agreement against all plat properties.

“A Development Agreement is signed and recorded which prohibits any further subdivision of the lots contained in the Dryden Subdivision until such time as the public street is built”

Street surfacing for the new local street may only be deferred if the City Council approves a Conditional Use Permit for the deferral.

“Street surfacing requirements may be deferred for local streets through approval of a Conditional Use Permit by the City Council”

The driveway must maintain at least 13 feet 6 inches of overhead clearance for fire vehicles beneath trees, power lines, entrances, and overhangs between the public road and principal structures.

“Overhead clearance shall be no less than 13 feet, 6 inches for the passage of fire vehicles beneath trees, power lines”

A sign must be installed at the terminus of the cul-de-sac notifying people of the future extension over to Tiger Street.

“A sign at the terminus of the cul-de-sac shall be required notifying people of future extension over to Tiger Street.”

The final plat must be revised to reflect the City Engineer’s comments in the March 9, 2022 memo.

“The Final Plat is revised to reflect the City Engineer's comments in the Memo dated March 9, 2022.”

All sides of principal structures must be within 250 feet of the driveway or public street to allow fire hose access.

“The distance as measured from the driveway or public street to all sides of the principal structure(s) must be within 250 feet”

The applicant must secure a permanent easement from the Houghs for public road, drainage, and utility purposes so a 66-foot right-of-way can be dedicated and the street paving deferral can be approved.

“The Dryden's will need to talk with the Houghs about designating a permanent easement for public road, drainage and utility purposes.”

Lot 3, Block 1 is allowed to be 139 feet wide rather than the otherwise required 300 feet when measured at the building setback.

“The width of Lot 3, Block 1 is permitted at 139 feet, rather than the 300 feet as required when measured at the building setback.”

The property must be residentially zoned.

“The property is residentially zoned. 2\”

The right-of-way must be treated as a shared driveway until the City accepts it as a public street by resolution, and the shared driveway must be constructed to meet street base and subbase requirements in Section 10-3-3.B.

“The shared driveway is constructed to meet street base and subbase requirements required by Section 10-3-3.B.”