08/10/1994 P&Z Packet - Laserfiche WebLink

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PLANNING & ZONING BOARD July 21, 1994 required by State Statutes it is then up to the interested citizens to follow the action through whatever course it may take. We are not required to do additional notifications. Darrell indicated that it is staff's opinion that the Council directed this back to the P & Z for their complete review, not indicating any approval by the Council. It is not clear to staff what exactly the applicant is asking for tonight. Mr. Schones agreed and advised Mr. Corsan that they had given the developer plenty of direction which he refused to follow. After further discussion Mr. Corsan was advised that the Board is not in favor of a PDO for this plat and should, again, pursue an R -1X Plat. Mr. Corsan stated that if PDO is not an option it should not be presented as such. Ed Schones stated that we have already told you what you should do. Mr. Mesich asked for clarification of Mr. Corsan's comments regarding ordinary high water mark. Mr. Brixius stated that there are two provision, one in the Zoning Ordinance and one in the Subdivision Ordinance. The more restrictive is in the Subdivision Ordinance which requires that all lots have proper dimension above the ordinary high water mark of any water course. Water course includes drainage ways, lakes, rivers and wetlands. We therefore use the boundaries of the wetlands as the ordinary high water mark. Mr. Corsan indicated that if they had known the PDO was not going to fly, when the property was rezoned from R-1 to R -1X they would have put up more of a fight. This has been very frustrating for them. Tom Mesich stated the he would feel more comfortable with the original PDO with an understanding that by reducing the 120 some lots to something more than 104 there is consideration given to the financial burden in the loss of the additional lots. Possibly consideration could then be given when discussing the improvements necessary to Holly Drive. There must be some common ground that can be reached. Mr. Schones stated that as a stewart of the land in the City of Lino Lakes, he is not here to worry about the financial needs of the developers that come into the City. His job is to make sure that we preserve the quality of life that we have here and stuffing homes into wetlands and next to wetlands does not increase the quality of life in the City. Mr. Corsan stated that they will be filling in 11/100's of an acre of wetland for the roadway. Mr. Schones stated that this is ground we have been over several times. We should be done with this issue. Mr. Schones then made a motion to concur with the P & Z's original recommendation of denial of the PDO. Tom Mesich seconded the motion. 4