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COUNCIL MINUTES JANUARY 26, 2004 <br />APPROVED <br />188 <br />089 Mayor Bergeson stated they have signs available for these roads. <br />90 <br />191 Motion carried unanimously. <br />192 <br />193 Resolution No. 04-16 can be found in the City Clerk's office. <br />194 <br />195 D. Consider FIRST READING of Ordinance No. 02-04, Rezoning Certain Real Property <br />196 from R-4, High Dewnsity Residential to R-3, Medium Density Residential, NE corner of <br />197 Lake Drive and Aqua Lane, Jeff Smyser <br />198 <br />199 City Planner Smyser summarized the Staff report, advising Staff recommends rezoning the site and <br />200 approving the first reading. <br />201 <br />202 Councilmember Carlson noted on the site map that the yellow area just south of the site are single <br />203 family homes on large lots. City Planner Smyser indicated that was correct. <br />204 <br />205 Councilmember Carlson stated she was pointing that out because she is taking that into consideration, <br />206 as well as the points of Staff on rezoning to make her decision. <br />207 <br />208 Don Folsom, 574 Aqua Circle indicated he is a neighbor of the property being discussed. He stated <br />209 he is representing the homeowner's association, who is very much in favor of having the property <br />210 changed to medium density from high density. <br />211 <br />012 Ron Fuchs, Hokanson Family Partnership, 9174 Isanti Street, Blaine stated they respectfully request <br />213 denial of this rezoning. He indicated the Marshan Lake Condominiums are high density, and there <br />214 are other high density developments in the surrounding area also. He read a prepared statement <br />215 concerning density allowances and guidance for the area. He stated Marshan Lake Condomimiums <br />216 are built at 6.4 per acre, whereas medium density allows only up to 6. He indicated the City Planner <br />217 knew this when they went to the Planning and Zoning Board last fall. He stated they separated the <br />218 CIP, Preliminary Plat, etc. on January 12th, and plan to submit a plan soon. He indicated they would <br />219 be submitting it to the City Council in lieu of additional review by the Planning and Zoning Board. <br />220 <br />221 Councilmember Reinert commented that to clarify, when Marshan Lake Condominiums were built <br />222 they did conform to the definition of medium density, which was up to eight units per acre at the <br />223 time. He indicated that they were conforming when constructed, so Mr. Fuchs'argument is moot <br />224 <br />225 Mr. Fuchs stated when they were built the land was high density, and it was only because they were <br />226 in the Shoreland District that they were built at the lower density of less than eight units per acre. <br />227 Councilmember Reinert reiterated it is not a good argument, because they were conforming at that <br />228 time. <br />229 <br />230 Mayor Bergeson stated he would like to address the statement that a new plan would come directly to <br />231 the City Council, and not go through Planning and Zoning Board review. City Planner Smyser <br />232 indicated the previous site plan review has been withdrawn, so the process will start over. A new <br />233 plan will therefore go through Staff and the Planning and Zoning Board, and then come to the City <br />234 Council as with any new application. <br />035 <br />5 <br />