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09-22-1982 Council Agenda
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09-22-1982 Council Agenda
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Jc,-IN E. DAUBNEY <br />ATTORNEY AT LAW <br />304 DEGREE OF HONOR SUILOING <br />ST. PAUL. MINNESOTA 55101 <br />September 9, 1982 <br />City Council <br />City of Little Canada, <br />1515 Little Canada Road <br />Little Canada, MN 55117 <br />Dear Mayor Hanson and members of City Council: <br />-24,4 45 <br />CiTYOF <br />LITTLE CANADA <br />I have been consulted by Mr. Kroiss with regard to his <br />-proposed plat of Riley's Gervais Lake Second Addition. He has <br />furnished me with a copy of MrSweeney.'s letter of July 8, 1982 <br />addressed to Mr. Clebeck and the minutes of July 28, 1982. <br />I would appear that Mr. Kroiss's proposed plat meets all <br />requirements of your subdivision ordinance and resolution 1182- <br />7-37 denying the preliminary plat would not seem to be founded <br />upon any reasonable grounds. I would agree with Mr. Sweeney's <br />conclusion that any denial by the Council of a proposed plat <br />that meet code requirements would be tested by the standard <br />of reasonableness. According to your ordinance 1004.020 (e) <br />(3) the reasons for denial must be recorded and transmitted <br />to the applicant. The letter from your planninc' consultant, <br />dated April 30, 1982, file no. 758.09 (82.12); the recommendation <br />stated: "based on the preceding analysis, it is recommended <br />that the preliminary plat be approved subject to review and <br />comment by the City and County Engineers. It is recommended <br />that the West Lot line of Lot 4 bestraightenedco increase the <br />width of Lot 4. However, if the Lot width variance is to <br />he approved it should include the stipulations stated in B. <br />of the preceding analysis." Paragraph B referred to above <br />referred to Lot size of Lot 2. In the platthtt was submitted <br />to you for consideration at your July 28th meeting, Lot 2 <br />had been enlarged to meet this .o ejection. As noted in para- <br />graph A of the Planning Consultants Report: "At first glance <br />the preliminary plat proposes a rather an odd lot arrangement. <br />Upon closer review, however, itoecomes evident that the lot <br />configurations are the result of number of developement factors <br />existing on the site. Lot 1 is formed primarily by the north <br />and west property boundries plus an existing drainage easement. <br />The rear line of Lots 2 and 3 are located where the site drops <br />of steeply toward the lake. The Lot line between Lots 2 and <br />3 provides the existing house with conforming setbacks.--..Lot <br />4 takes up the remainder of this side including the lake shore <br />frontage." <br />
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