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to: Mounds View City Council cc: Kurt Ulrich, City Administrator from: Jim Ericson, Community Development Director re: Harstad’s Red Oak Estates #3 Update date: May 23, 2005 As the Council knows, recent litigation with the Harstads regarding the fate of the Red Oak Estates #3 townhome development concluded in favor of the Harstad family. At issue was whether they still had the right to construct 66 townhomes on property platted in 1974 which became non-conforming in 1977 after a zoning amendment eliminated townhomes as a permitted or conditional use within an R-1 zoning district. The judge ruled that the original plat and special use permit issued by the City was still valid so long as the conditions of that special use permit were followed. The conditions, for your review, include constructing a swimming pool and tennis court, correcting drainage issues and gaining permit approval from Rice Creek Watershed District, the fire chief and building inspector. Local wetland regulations adopted by the City subsequent to the townhome special use permit approval cannot be enforced, according to the ruling. With regard to Rice Creek, the Harstads have applied for a watershed permit and have complied with and submitted all requested information. It is my understanding the Rice Creek staff have met onsite and verified the submitted wetland delineation. The only remaining issue needed for Rice Creek is soil tests. Mr. Harstad dropped off a plan this morning which shows the areas where soil borings will need to be taken and the likely path used to enable the boring equipment access onto and through the property. There will be clearing of trees to accommodate the boring rig to pass through the property. While significant trees will be avoided at this stage where possible, there will be an obvious change in the landscape as a result. Tree removal will likely occur at the end of the week with the actual boring to occur next week. Staff will send out a notice to residents in the area informing them in advance of the activity and inviting them to attend a neighborhood meeting which has been tentatively scheduled for 7:00 pm, June 8, 2005 here at City Hall. It appears that the Rice Creek Watershed District Board of Directors will likely consider the Harstad application at their meeting on June 22, 2005. Inter-office M E M O