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Mounds View City Council May 9, 1988 Regular Meeting Page Three City Planner Herman stated the Planning Commission had adopted Resolution 224 -88 at their May 4 meeting, outlining in greater detail their previous denial of the request. She also reviewed the history of proposed development for that piece of property for the past eight years and the variances that would be required at this time. She also reviewed the results of the done by Barr Engineering on the property. She stated that based on the Planning Commission's denial of the variances, the developer has requested this appeal before the Council. Art Freetag, identifying himself as one of the owners of the property, stated he could not comment on the technical data given, but he has appeared between 39 and 41 times before Staff, the Planning Commission and Council in trying to develop this property and he would like to get it resolved. He stated that in 1979 or 1980 they were given approval to build two four -plex units on the property, but because they took so long in gathering all the additional information needed by the City, they had problems with financing and the jump in interest rates and decided not to build at that time. Since they decided not to build at that time, they asked for and were given a refund and told that the approval was then being rescinded. Then, two years later the moritorium went into effect for the wetlands and when they were ready to proceed, they worked with Staff and have since gone before the Planning Commission five or six times, but still cannot get approval. He stated he feels this development would be an improvement to the City, and he also feels the City is using his property as a storm sewer basin, which is one of the reasons he is not being allowed to develop it. Mr. Freetag stated he believes there has been precedence set for all the variances requested, and he is requesting the right to develop his property, and he read a prepared statement to that effect, saying that he would seek satisfaction through the Courts if approval is not given. He stated he has a great deal of money into this and he has paid for the engineering study requested by the City. Mayor Linke explained all developers are required to provide funds for engineering studies done concerning their request, and this development in particular is within the wetland, which creates problems. He added there is a buildable area on the property, but the developer is trying to overbuild the site and therefore needs a number of variances. 'City Planner Herman explained that when this was originally approved, it was before the wetland ordinance went into effect, and different issues are raised now because of that ordinance.