Council_Minutes_1988_07_25 - Laserfiche WebLink

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Mounds View City Council July 25, 1988 Regular Meeting Page Eleven motion was denied, and there was an adequate means for Mr. Harstad to develop his land. Thus, that hardship was addressed in 1981 and determined to not be a hard- ship. Attorney Meyers explained that for Harstad Company's claim of over restrictiveness of Mounds View's ordinance, they are requesting either an amendment to the ordinance or a granting of variances. He advised the variances must meet the requirements of Chapter 40, and he re- viewed specifically the criteria of Chapter 40.26 Sub. D, and the circumstances and conditions which must be met. He advised the City Council would have to make those findings in order to grant the variances requested. Attorney Meyers stated that while Mr. Harstad is de- claring he cannot use his land, economics cannot be considered in the deliberations, and it is possible to develop one lot without any variances. Attorney Meyers reviewed Chapter 48.01, Sub. 2A, regard- ing phosphorus stripping, stating there are many issues to be discussed, and phosphorus stripping is not the sole criteria involved. He added the Council must first decide if they will grant the variances. Councilmember Hankner stated she appreciated having the court reporter removed, as she personally finds it very distracting. Motion /Second: Hankner'Wuori to deny the preliminary plat for Greenfield Estates as proposed, and direct Staff to prepare a resolution of denial, to be acted upon at a special meeting, scheduled for August 1, 1988 at 7 PM, with the resolution to include the reasons for denial of not meeting the 100' buffer, 20,000 square foot lot size, or minimum 125' lot width requirements, as well as for not meeting the requirements of the Code, spe- cifically Chapter 40.26 Sub. D, and the Council will not compromise the integrity of the wetland ordinance. 5 ayes 0 nays Motion Carried Mayor Linke explained he has a very hard time with the developer saying Mounds View's Code is too restrictive, as the City has a great regard for wetlands and their use, and they will not compromise that because other City's do not feel the same way. He added Mounds View was one of the first cities to write such an ordinance, and while it does not match the ordinances of other cities, it is what was wanted for Mounds View.