01/09/2002 P&Z Minutes - Laserfiche WebLink

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Planning & Zoning Board January 9, 2002 Page 19 APPROVED MINUTES minimum, requiring deed covenants to prevent disruption of the shoreland buffer area. He indicated that a deed covenant would be a recorded document that would run with the land and allow the buffer area around the island to remain undisturbed forever. Mr. Peake stated Mr. Vaughn wants to go through with this project and he does expect cooperation from the City, which has been promised. He acknowledged that the Department of Natural Resources or the Rice Creek Watershed District could still shut the project down. Mr. Lyden stated he had been serving on the City Council during the time of the litigation alluded to by Mr. Peake. He stated there had been a great deal of meetings regarding that issue and Mr. Peake was correct regarding the outcome of the litigation. He stated the spirit of the Court order was that the City help facilitate the development of the island and he felt this should be taken strongly into account when making a decision on this application. Mr. Corson noted in their report to the City, the Department of Natural Resources stated they do not support the granting of a variance for decreased setbacks as proposed. Furthermore, the report stated it appears that the island may be un-buildable considering the current zoning and if the City decides somehow that the island can be built on, it may be beneficial to reduce the number of units, “custom” grade the individual building sites to reduce soil disturbance and vegetation loss, minimize the length and width of the road, and minimize the impact to the Shore Impact Zone. With this in mind, although the City is required to work with the applicant, he did not feel this meant the City must approve the construction of seven homes. Mr. Smyser felt it would be wise for the Planning and Zoning Board to not attempt to determine what the legal agreement means, rather he felt this should be left up to the City Attorney. He stated he has been working with the City Attorney on this project and indicated that the City has not committed to approving this project. He stated the City has in no way committed to anything other than cooperating with the review of the project. He did not feel it appropriate for anyone other than the City Attorney to comment on the City’s commitments, legally or otherwise. Mr. Lyden reiterated that he had been serving on the City Council at the time the commitment was made and was privy to all the meetings. Mr. Smyser reiterated the City was not committed to anything. Ken Asleson, Lot #8 Ruffed Grouse, provided the Board with handouts regarding his concerns. He indicated his interpretation of working with a developer on a project did not mean the project would be rubber stamped. Mr. Asleson stated he has a golden retriever who likes to roam in the wood in his back yard. He indicated during summer months his dog likes to dig a little hole and lie in the water that fills the hole. He was curious whether the proposed pond would fill with storm water or would fill with water while being dug.