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Planning & Zoning Board <br />January 9, 2002 <br />Page 26 <br />APPROVED MINUTES <br />has a great deal of respect for City sta ff for their past work, even though he did not <br />support the condemnation action. He stated he was concerned for both the residents and <br />the applicant and suggested the proposal be tabled and efforts be made to come up with <br />solutions that will work for all parties. <br />Ms. Lane stated she was not privy to the agreement in the Court order but she noted the <br />order required City staff to work with the property owner to develop the land but not to <br />change the zoning for seven lots. She believed City staff has worked with the applicant <br />on this development. She agreed that the lot is buildable under the current zoning and <br />she could not support the number of variances being requested. <br />Chair Schaps stated Mr. Vaughan has been a good citizen in the community for a long <br />time and has built and developed premiere neighborhoods in the City. However, he was <br />concerned about the number of items that would be impacted by proposed development, <br />including the residents. He noted none of the residents present this evening supported the <br />development as proposed, although they were not opposed to one house being developed <br />on the property. <br />Chair Schaps stated he understood Mr. Peake’s position regarding the litigation involved. <br />He stated he has not seen the agreement but per the language presented this evening the <br />agreement only required City staff support. He did not believe anyone could argue <br />successfully against the fact that City staff has supported the applicant with this <br />development. He indicated City staff has been working with the applicant for several <br />weeks on this application and has prepared a multi-page report with recommendations. <br />He did not feel this was an issue and he was not concerned about potential litigation. He <br />stated the Planning and Zoning Board needed to be concerned with whether or not the <br />project meets the ordinances and, if not, to consider the fact that a PDO development <br />should involved fair trade-offs. He did not feel the proposed trade offs, such as tree <br />preservation data, were in any way sufficient for what was being requested. He noted a <br />private road was being requested, which there were not many of in the City. He stated <br />this was due to lack of continuity of public services, condition and care, as well the <br />notion of developing a private neighborhood w ithin public neighborhoods. He stated it <br />has always been City staff’s opinion that th e City should not have any jurisdiction over <br />private roads because they do not want to have to deal with the private associations that <br />dictate their own control. <br />Chair Schaps stated the shoreland impact was his primary reason for opposing the <br />development. He noted the applicant was requesting a 75-foot variance to a 150-foot <br />minimum setback requirement. He stated this development would not just impact the <br />adjacent neighborhood, rather it would impact a series of neighborhoods that are <br />surrounded by wetlands and lakes that flow eventually to the river. He felt the <br />neighborhood impact would be significant and l ong-term. He noted just the construction <br />of the bridge alone would likely take a very long time to complete, more than any of the <br />residents would be willing to put up with. He stated he would not be surprised if he <br />would be able to hear the construction fr om his property, which would not please him.