06/13/2001 P&Z Minutes - Laserfiche WebLink

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• • • Planning & Zoning Board June 13, 2001 Page 3 Chair Schaps invited applicant to make comment. Ms. Lane stated some lots were not build able lots and indicated this lot appeared to be one of these lots. She asked what was the City's responsibility. Mr. Smyser replied the Courts had stated the landowner must be allowed reasonable use of the property. He indicated this property was very difficult to deal with. He stated they could not prevent somebody to reasonable use of the property. Mr. Rafferty asked for clarification of Anoka County's right -of -way. Mr. Smyser stated the right of way would bring it to within 5 feet of the garage. Mr. Rafferty asked how long had applicant owned this piece of property. Mr. Valentine responded he was not the owner of the property, he was the builder an been working on it for 6 months to get something build able on it The property was ed on ay 20, 2001. Mr. Rafferty stated there were certain guidelines that had been F' pl. e flE'' believed those guidelines were such to protect the people who were being ere 'n. However, he stated they were speculating on the use of a property on guidelines at `. �' =n in place. He stated he was leery of this request because the buyer should hav . een ware the condition of the property prior to purchase, and this would not fit into a gr thering clause. Mr. Valentine replied the previous owner had t s lot pl ed in 1978. Mr. Smyser replied regardless of the owner of the property, th � tuati.� would exist. The fact that somebody recently purchased the property did not the: "° °`that whoever owned the property had reasonable use to the property. He st e:w. ere that the lots had existed for some time and the Ordinances had changed ._,., j s w of time He stated this type of platting would never occur under today's Ordin Mr. Corson inquired abou tic s T' em and secondary system and expressed concern the wetland was being im acted b e septic system. He asked if they could ensure the septic system did not impact 't; tlan ' He asked if it was possible to look at a septic system, such as Ham Lake and Hugo h ked that this be considered. Mr. Smyser stated a properly designed, built and main ned septic system, treated wastewater better than a treatment plant. He stated the septic syste `' would not have any impact on the wetland if it properly built. He indicated the systems Mr. Corson was referring to were considered experimental, and at this point, there were no regulations by the City, which required this type of a septic system. Mr. Powell stated he was familiar with these types of systems, and encouraged the applicant to consider a design of a wetland treatment system. Mr. Lyden asked about the status of the watershed. Mr. Smyser replied the Board would make a decision on this tomorrow morning. He stated he had received a copy of the text for this project and the Board was recommending approval of the wetland mitigation plan. Mr. Lyden asked if staff had had any concerns. Mr. Smyser replied they had been working with applicant and had worked out all of the concerns.