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MINUTF~S PUBLIC NEARING MA.Y 26, 1982 PAGE 6 t~ Janet Brown, 1887 Simpson, wondered why the University had changed its mind JANET BROWN to let the road cross its property when a few years ago they would not let 1887 SIMPSON the park Commission construct a picnic shelter on the property. Attorney Swanson wanted to know how the other outlots were going to be used. NIr. . Westin answered that it is ~>oing to be a buffer between the development and Tatum Street; a planting area and an oven area that will be made available for activities. The homeowner's association will make the rules with respect to the common land and they will control the use and maintenance. It will also be used for a small. amount of drainage. Attorney Swanson asks Engineer Lemberg if an easement is necessary f'or that drainage and he answered that it should be made Hart of the rules established f'or the homeowner's association that it remain a drainage area. At this time, he feels it is not necessary to indicate it on the plat but it may be necessary at a later time when the final storm sewer drainage plan is completed and designed. Councilmember Chestovich asks Attorney Swanson for a clarification as to what COUNCILMEMBER is meant by spot zoning. He answers tYiat the situation arises usually when CHESTOVICH~ denial or taking of property rights results. V411en a single piece of land is ATTORNEY rezoned to a different use or not rezoned to a different use in each case, it SWANSON is incompatible with the surrounding zoning, If the use does not change, a spot zoning situation is not created. Councilmember Chestovich also asks for clarification of Section la..l~ of the Ordinance. Attorney Swanson said that the section applies to lots in existence at the time that Ordinance 61~ was adopted and the 66-2~3rds percent has to do with property that does not conform with that extent to the density. It does not apply to the proposal before the Council. Plats 2 and 3 are presented to the Council under Section 7.2 of the Platting Ordinance in which the Council can .find that the proposal is for a large scale neighborhood development and under those circumstances can modify regulations of the Flatting Ordinance. Those regulations pertain to lot size, frontage, street width, cul-de-sac width and so :forth. Changes can be granted under that section for those items. The variances that are requested by the developer were recommended by the Planning Commission and the Council can approve under both the Platting Ordinance and Zoning Ordinance to grant the variances. As far as the standards for granting variances are concerned, if they were applied literally, the variance could not be granted under any circumstances. So, therefore, there is some judgment that has to be left to the City Council and they have the authority to grant the variances that have been asked for. Janet Brown, 1887 Simpson, asked why it is necessary to have a homeowner's JANET BROWN association. She was advised that it is not a law but that the method 1887 SIMPSON chosen by the developer. Carolyn Gay asked whether American Shelter had the financing to proceed with CAROLYN GAY the development of the project and :'qtr. V:~estin advised that the developer had a take-out financing commitment and once the plat has been approved, it will have to be developed in that fashion. :Vlrs. Gay asked where construction would begin and Mr. ~"Jestin stated that it depends on the markets and if requests are received for large single family homes, they will be constructed at the north end of the development. If the market comes in for the homes, which will be built in Bernwood 2 and 3, then they would start construction at the Larpenteur end. Construction is dependent upon the kind of market and sales, which will be completed over a period of time. Mayor PJarkentien closed the Public Hearing at 10:0> P.i~?. NEARING CLOSED