City Council Minutes 2001 09 04 - Laserfiche WebLink

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Louisville City Council Meeting September 4, 2001 Page 8 Sisk noted that 7,000 SF was more than what was previously proposed. Mehaffy stated that if the zoning provided a maximum of 6,500 SF, the home would not exceed 6,500. Sisk asked the applicant's position on a conservation easement limiting one single-family home on the property. Mehaffy stated that the applicant does not intend to build more than one home on the property. He stressed that the zoning stipulates the maximum square footage, and stated if it were Council's desire for a conservation easement, there would only be one house. Sisk stated that as a member of the present City Council, he is asking for a conservation easement, which will state that there will be one house on the property in perpetuity. He noted that it could be a limitation on the number of houses on the lot, and could be done either on the PUD or through a conservation easement. City Attorney Light stated that the SF-E zoning provides one protection by allowing one lot size for one acre. He noted that any change for purposes of further dividing the property would require a variance and a replat. He stated that a statement could be put in the Annexation Agreement that there should be no more than one house on the property. Any change would require an amendment to the Annexation Agreement to lift the restriction. He stated that both the Annexation Agreement and a separate covenant document could be recorded against the property. In that regard, the property owner executes a recorded covenant. The City would become the beneficiary of that covenant. Light stated that with a conservation easement in perpetuity, Council successors' could agree to relinquish or convey the easement back to the owner, if they so desired. Mayer asked if the City would have an interest in the conservation easement and if it would require an ordinance to remove the conservation easement. Light stated that with a conservation easement, the City acquires an interest in property for purposes of maintaining the land use. He confirmed that disposal of the conservation easement would require an ordinance. Mayer stated his preference for a conservation easement because it guarantees citizen rights though an ordinance. Mayer asked Mehaffy about the size of the home. Mehaffy stated the preliminary design proposes 3,500 SF on the main floor living space, an under garage and partial basement, for a total of 6,500 SF. Mayer asked the applicant' s position on construction of the trail. Mehaffy stated that it is a matter of whether the trail is capable of being built, however a dollar amount has not been considered. He stressed that the area in question is an Outlot and not open space, and that they are merely moving a driveway to another location. In terms of compensation, Mehaffy voiced belief that it is interchangeable, a trade of land for land and abandonment of the Dillon Road access. He stated that the City's Traffic 8