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Planning & Zoning Board <br />June 13, 2001 <br />Page 3 <br />Chair Schaps invited applicant to make comment. <br />Ms. Lane stated some lots were not build able lots and indicated this lot appeared to be one of <br />these lots. She asked what was the City's responsibility. Mr. Smyser replied the Courts had <br />stated the landowner must be allowed reasonable use of the property. He indicated this property <br />was very difficult to deal with. He stated they could not prevent somebody to reasonable use of <br />the property. <br />Mr. Rafferty asked for clarification of Anoka County's right -of -way. Mr. Smyser stated the right <br />of way would bring it to within 5 feet of the garage. <br />Mr. Rafferty asked how long had applicant owned this piece of property. Mr. Valentine <br />responded he was not the owner of the property, he was the builder and he had been working on <br />it for 6 months to get something build able on it. The property was closed on May 20, 2001. <br />Mr. Rafferty stated there were certain guidelines that had been in place and he believed those <br />guidelines were such to protect the people who were being grand fathered in. However, he stated <br />they were speculating on the use of a property on guidelines th e, ad been in place. He stated he <br />was leery of this request because the buyer should have bee are of the condition of the <br />property prior to purchase, and this would not fit into a gr ing clause. <br />Mr. Valentine replied the previous owner had this 1 <br />regardless of the owner of the property, the same situa <br />recently purchased the property did not chan _ the fact <br />reasonable use to the property. He stated the <br />and the Ordinances had changed over this perio <br />never occur under today's Ordinance <br />in 197 d ` Mr. Smyser replied <br />would exist. The fact that somebody <br />oever owned the property had <br />e lots had existed for some time <br />He stated this type of platting would <br />Mr. Corson inquired about the septi <br />wetland was being impacted <br />system did not impact the <br />Ham Lake and Hugo ha . <br />designed, built and maintaine <br />He stated the septic system wou <br />secondary system and expressed concern the <br />tem. He asked if they could ensure the septic <br />d if it was possible to look at a septic system, such as <br />at this be considered. Mr. Smyser stated a properly <br />system, treated wastewater better than a treatment plant. <br />of have any impact on the wetland if it properly built. He <br />indicated the systems Mr. Corson was referring to were considered experimental, and at this <br />point, there were no regulations by the City, which required this type of a septic system. <br />Mr. Powell stated he was familiar with these types of systems, and encouraged the applicant to <br />consider a design of a wetland treatment system. He stated he believed this type of a system <br />would be appropriate. <br />Mr. Lyden asked about the status of the watershed. Mr. Smyser replied the Board would make a <br />decision on this tomorrow morning. He stated he had received a copy of the text for this project <br />and the Board was recommending approval of the wetland mitigation plan. <br />Mr. Lyden asked if staff had had any concerns. Mr. Smyser replied they had been working with <br />applicant and had worked out all of the concerns. <br />