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Planning & Zoning Board <br />January 8, 1997 <br />Page 4 <br />Plan designates this property as R -1. State law now requires that zoning be in <br />• compliance with the Comprehensive Plan. <br />• <br />• <br />Mr. Brixius stated that if the minor subdivision is approved and the land <br />conveyed to Mr. Uhde, the property owners relinquish their right to that land. <br />Regardless of whether the land is rezoned to R -1, if sewer is not available, the <br />property must be at least 10 acres to be buildable. With the proposed conditions <br />in place on the minor subdivision, building permits cannot be pulled without an <br />extension of MUSA. <br />Mr. Herr stated that if MUSA is not approved, this action would be null and void. <br />Mr. Brixius stated that rezoning would not be null and void if the land is <br />conveyed. No development changes would be able to occur until MUSA is <br />available. <br />Mr. Dunn expressed his concern about current owners having sewer problems <br />that affect this property after Mr. Uhde acquires it. He would not want to see <br />lawsuits between current land owners and new land owners. <br />Mr. Uhde stated that if a sewer problem occurs, he would request MUSA on an <br />emergency basis. The current drain fields and septic tanks are entirely on the <br />property that would remain with the current land owners. Once sewer and water <br />are available, these land owners would be required to hook up. <br />Mr. Brixius added that the condition to hook up to the sanitary sewer would be <br />binding to all lots in the subdivision. Current property owners will be required to <br />sign a waiver agreeing to hook up to the sanitary sewer when it is built. <br />Ms. Wyland stated that property owners will be protected by the standard <br />Minnesota Statute 429 requirements but cannot petition against the sewer <br />improvement according to the City Charter if they sign the waiver. <br />Mr. Uhde stated that when land owners sign the waiver, that does not <br />necessarily mean they are forced to hook up when the sewer is available. They <br />can use their own septic systems until there is a system failure. <br />Chair Schaps asked if it would make sense to create two large lots rather than <br />identifying each subdivision in order to place additional constraints on any <br />development. <br />Mr. Uhde stated that creating two lots could complicate the process because <br />there are five purchase agreements. Those purchase agreements have not <br />been closed because they are contingent upon approval from this Board and the <br />Council. <br />