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Mounds View Planning Commission June 5, 2002 Regular Meeting Page 3 ________________________________________________________________________ Director Ericson indicated there would be other significant issues with the development of this property due to the wetland and the wetland buffer. He then said that Staff recommends that any rezoning approval be subject to the City’s Wetland Zoning Ordinance. Director Ericson noted a letter of opposition had been received and was placed in packets as well as noting another one had been dropped off and copied for the Commission this evening. Director Ericson pointed out on the map where the wetland was located and noted that pursuant to City Code the property owner could not build within 100 feet of the wetland buffer without a wetland buffer permit. Martin Harstad of 2195 Silver Lake Road thanked Mr. Ericson for his presentation and reiterated the fact that this development was approved for a 72 lot townhome 27 years ago and his family has been paying taxes on the lots. He also gave an explanation of how the townhome project was set up creating common ground causing title issues for him at this point because he only owns the little boxes and not the land surrounding those boxes. Mr. Harstad commented that as a condition of approval the City required permission to allow water to come onto the property. He then said he would not say it has not always been a wetland but said that water has been added to his property. Commissioner Johnson asked if Mr. Harstad was notified of the Zoning Code revision in 1977. Mr. Harstad indicated he was not in charge of this property in 1977 and was not sure whether notice was received. Commissioner Johnson commented that there is City-wide notice any time the Comprehensive Plan is amended. Mr. Harstad commented that he does not live in Mounds View and would not have seen notice of the Comprehensive Plan amendment on the cable channel or in Mounds View publications. Commissioner Hegland asked Mr. Harstad to explain the common space issue and who owns the property. Mr. Harstad indicated that when setting up a townhome development an association is set up to maintain the grounds and ownership interest is given to the common space around the townhome. He then indicated that 6 people have closed on the property and own a share in the common ground and noted he owns 66/72nd of the property. Commissioner Zwirn commented that in order to develop the property Mr. Harstad would need the permission of the six interested property owners.