Date: 7/8/2003

To: Town Planning Commission Members

From: Diana L. Kanter, Associate Planner

RE: Agenda Item 2 – Certified Survey Map – Martenson & Eisele, Inc – Lot #51 Meadow Heights Subdivision – Proposed 2 Lot-Land Division


Martenson & Eisele have submitted a proposed 2-lot CSM for approval, located at 1989 Hidden Creek Road, Lot 51 of the Gateway Meadows Subdivision. The applicant is proposing the land division to create another home site.

Findings of Fact

There are a number of concerns staff has regarding the physical limitations of this site that should be addressed. Wetlands and the top of an abandoned quarry bank were identified on the Gateway Meadows Subdivision Plat and on the proposed CSM. It was requested that the applicant place the delineation of these features in metes and bounds on the face of the CSM for these reasons:

1. So that staff may be determine if the lot is in fact buildable in accordance with Chapter 6.09, "Where the subdivision of a tract of land contains a portion of land unsuitable for development because of poor drainage, floodable conditions, poor soil conditions, adverse rock formation, unfavorable topography, inadequate water supply or sewerage disposal capabilities, or for any other reason, such areas shall not be divided into buildable sites."

2. When the Lot #2 on the proposed CSM is sold all restrictions on building placement are known, subject to finding #1.

3. Access will be limited to the property as the wetlands must be crossed at the shortest point, if the DNR and Army Corp of Engineers grant approvals.

The applicant has placed the delineation of the quarry bank and the access easement on the face of the CSM. The wetlands must still be field delineated and placed on the face of the CSM.

Staff Recommendation

The conditions below need to be addressed prior to the signing of the final CSM by the Town. The developer has assured staff that the wetlands will be field designated before Town Board Meeting on July 28, 2003. Staff recommends conditional approval of the CSM with the following conditions:


1. Prior to the Town signing of the final CSM, the applicant shall have the wetlands field delineated; verified by the DNR and the Army Corp of Engineers; and said delineations with a metes and bounds shall be placed on the face of the CSM.

2. DNR and/or Army Corp of Engineers permits/approvals for wetland crossing and/or disturbance for proposed driveway shall be obtained prior to the Town signing the final CSM. Said approvals shall be submitted to the Department of Community Development prior to the Town signing the final CSM.