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Mounds View City Council August 9, 2010 Regular Meeting Page 5 • Community Development Director Roberts indicated the Harstads are requesting a variance to have reduced lot widths in order to subdivide the property into 10 lots. All of the proposed lots meet the 20,000 square foot requirement, and two of the lots meet the 125 foot width requirement. The proposed lots range from 90 feet wide to 152.42 feet wide. The Harstads are requesting City approval to have 10 lots because when the City constructed Longview Drive in 1966, 10 water and sewer service stubs were installed for this parcel in anticipation of a subdivision. The Harstad family has owned this property since the early 1970's. The cost for installing the 10 utility services had been assessed to the property taxes to be paid back over many years. As with any requested variance, a public hearing is required. City staff mailed notices to all property owners within 350 feet of the Longview Estates parcel. Staff has not received any resident comments with this recent notification, but did receive two emails and a few phones calls before the Planning Commission meeting from residents who stated they were against the City granting the variance. Staff reviewed the criteria for variance approval in detail with the Council. He explained that wetland regulations were approved in 1992. The Watershed District has reviewed the proposed plans and was in favor of the present plan versus previously submitted plans. Community Development Director Roberts indicated it is staff's opinion that the applicant has met the City's hardship requirements for approving a variance, and that the applicant has satisfied the spirit and intent of Chapter 1010 by proposing a subdivision with lots all in excess of 20,000 square feet. As such, City Staff recommends that the Council approve version 2 of • Resolution 7658, approving the applicants request for a variance. Mayor Flaherty opened the public hearing at 8:08 p.m. Barb Koziak, 5173 Red Oak Drive, stated she was not in favor of the proposed development being built on the swamp. This would not be a safe place to build. She expressed concern that her basement would begin to flood if this site was built on as the development would change the water table. Dave Tillman, 5166 Longview Drive, felt the variance request was about the developer making money. He requested the Council uphold the current City Codes. Paul Harstad, representative for the developer, stated he was requesting ten lots when eight were allowed under the current wetland code. He indicated the sewer and water stubs were installed at the time Longview Drive was constructed and the expense was assessed and paid by the property owner. Mr. Harstad explained the hardship does not allow the property owner to use the 10 stubs as they are located on a property in a wetland. He assured the Council that when homes were built in this development that proper h.ydrologists and engineers would be used to ensure that the homes would be secure. Hearing no additional public input, Mayor Flaherty closed the public hearing at 8:18 p.m. • Council Member Hull questioned the reasons the Planning Commission denied the variance request. Planning Associate Heller indicated there were concerns with the wetlands and