Minutes - 1994/12/12 - Laserfiche WebLink

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Mounds View City Council Page 11 Regular Meeting December 12 , 1994 Thomson replied that many facts would have to be considered in order for a determination to be made, however, he was concerned that it would be considered a "taking" because the property owner would be deprived of all economically viable use of the property. In order to make that determination, the property owner would have to make application to use the property for a specific purpose, such as building a house. If, by denying a Wetland Alteration Permit, the property owner has been denied all economically viable use of the property, there is a possibility the action would be considered a "taking. " Trude questioned what was specifically meant by economically viable use. Harrington explained the only economically viable use for the property would be a single family home, a duplex, or twin home because the property is zoned R-2 . No businesses would be allowed. Mr. Tillmann said that the lot had been for sale since he moved in, which was in 1991. He felt it was not a good lot and that's why it has taken so long for the property to sell. 4111 Sherri Ruff, 1829 NW 127 Lane, Coon Rapids, explained that her father owns the property in question, and felt that other issues should not be a consideration at this public hearing. The only issue to be considered should be the impact to the Wetland. Mary Feldner, 5168 Longview Drive, said she was not against a house being built there, but felt there was not enough information received to approve the Permit. Todd McCall, 5164 Longview Drive, expressed concern that landscaping changes to the property would be done after the house was completed. He wanted assurance that the City would still have - - --control of- the--Buffer--Zone___and that __approval_ for any changes would have to be obtained from the City. Linke explained that, by adopting this Resolution, the Council could dictate how the grading will be done on the property. Those plans cannot be changed without going through the process of obtaining a Wetland Alteration Permit. He cited an example of property owners in Mounds View who made alterations to their property in a Buffer Zone without obtaining approval. The City required them to remove those alterations and return the landscaping to the original plan. Mr. Schelonka commented that it appeared as if there was going to • be a wall on the southeast corner of the proposed house.