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181 <br />September 29, 1980 <br />visions had been complied with in that a single row of Single Family Homes will be <br />constructed on the North, there are now 24 Quads in a 22.05 acre parcel. The Quads <br />are each separate units, 22x44 - 2 bedroom unit with a tuck under garage. The deeded <br />portion of the lots will be the foundation size of the units, the remaining area will <br />be green area controlled by the Association. The density is 4.4 per acre - the City <br />Ordinance requires 8 units per acre. The Lake access will be controlled by the As- <br />sociation - onlywwalking traffic - no boat launching. There will be tot lots in the <br />development. This area will contain sewer, water, streets, curbs, and gutters. The <br />lots in question have 119 ft. on the side and 186 ft. on the other side. Mr. Black- <br />bird asked which is side and wfnich is frontage. There is approximately 60% of the <br />area left open for green space. Mr. Blackbird pointed out the ponding area and ex- <br />plained the reasons for these areas. <br />Mr. Alan Theimich, representing the Reshanau Home Owner's Association, spoke first. <br />Mr. Theimich wanted to point out that he has a petition signed by 127 residents of <br />Lino Lakes opposed to this development. He said some of the basic information asked for <br />by the residents has not been provided. Such as - water runoff and water table. This <br />information will be provided after the preliminary approval. Mr. Theimich said he did <br />not know of any other community that handles a plat in this fashion - other commun- <br />ities require this information first. Some of the other concerns are 1) density - <br />there is extreme disagreement over proposed density. The home owners have pointed <br />their concerns and provided statistics pointing out that this project would put 300 <br />people in an area smaller than the existing 50 family homes. He said no one had pro- <br />vided what the density should be. 2) water table and lake level - that also has not <br />been answered. He said they had been told this evening that an Evironmental Impact <br />Statement is being put together - it should be completed - it should have been com- <br />pleted before this proposal comes in for preliminary approval - and it has not been; <br />3) downgrading of property value - talking about quads selling for $50,000.00 adjacent <br />to homes in the 80,000 bracket and higher. Mr. Theimich said they had identified <br />these concerns and asked for some answers and have not received them at the present <br />time. These are only a few of the concerns, they have identified a dozen or more. <br />He added that he had just received additional petition forms with 42 more names. He <br />will provide copies for the Council. <br />Mr. Ben Benson, of E. Shadow Lake Drive, made a point that the addresses on the peti- <br />tions were from the entire area and not just from the immediate area - he said this is <br />not wanted by the residents of the City not just the local residents. He also won- <br />dered if this is a Council of the People or just who they are for. He asked that this <br />plat be put aside and that it should be forgotten and construct single family homes. <br />He said the developer said he had over paid for the land and the only way he could <br />make a profit is to construct quads. Mr. Benson said the people should not have to <br />pay for the developers mistake. <br />Mr.Burdell Smith, E. Shadow Lake Drive, asked the Council to listen to what is being <br />said and by whore, he said he moved here to have the best of both worlds and felt that <br />this City should not compete with the other suburbs to become an over populated area. <br />He pointed out that the Council should represent the people of the entire City of Lino <br />Lakes. They are not against Mr. Rehbein building on this land - just so it goes a- <br />long with what is already there. <br />Mr. Jaworski said the Oath of Office says that the laws of the State of Minnesota must <br />also be upheld - not just the Ordinance Of the City of Lino Lakes. <br />Mr. Julian Hook, Attorney for the Home Owners, asked to speak on the legality of the <br />special use permit as relates to the laws of the State of Minnesota. He questioned <br />the validity of the special use permit and noted that he had seen two legal opinions - <br />one states that the special use permit is void and was concurred by all persons con- <br />