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Mounds View Planning Commission June 5, 2002 <br />Regular Meeting Page 7 <br />________________________________________________________________________ <br /> <br />Ron Morgan of 2656 West County Road H2 indicated he lives in one of the constructed <br />townhomes on the subject property and is speaking on behalf of the six interested property <br />owners. He then produced a copy of a letter written by City Attorney Riggs in February of 1998 <br />that states that all owners of the land must agree to request a rezoning of the property. <br /> <br />Mr. Morgan read portions of the letter for the Commission and those in attendance. <br /> <br />Mr. Morgan commented that considering the rezoning request seems to be in direct opposition of <br />what the City Attorney has advised the City. He then commented that the 66 lots are islands and <br />Mr. Harstad has no access to them in order to build on them. <br /> <br />Mr. Morgan commented that Mr. Harstad has referred to this property as his property and <br />commented he could rezone what he owns but cannot get to it to do anything with it so he feels <br />the rezoning request should not be on the docket for consideration. <br /> <br />Mr. Morgan said the property owners are not against development as long as Mr. Harstad <br />follows the codes. He also said that they as owners have rights and are not against development <br />but said Mr. Harstad would need to work with them and it seems he is trying to use this process <br />to circumvent the townhome owners. <br /> <br />Mr. Morgan said that if the City does not want to kill the proposal then he would request time to <br />give the property owners the ability to seek legal representation. <br /> <br />Mr. Harstad commented that the context of the City Attorney’s letter had been twisted slightly by <br />Mr. Morgan and noted that the issue addressed by the City Attorney in 1998 was a request to <br />rezone the entire parcel and his request is to rezone the 66 lots which he owns. <br /> <br />Director Ericson confirmed that the City Attorney had drafted that letter in response to a specific <br />proposal in 1998. He then said he had spoken to Mr. Riggs this afternoon and was informed that <br />Mr. Harstad is entirely within his rights to request a rezoning of the 66 lots. He then noted this <br />matter would be before the Commission at its next meeting and before Council in July, which <br />would give owners time to consult with legal counsel. <br /> <br />Mr. Harstad clarified he was not intending to speak for the City Attorney but noted that <br />numerous hours have been spent in analysis of that letter and he felt he could speak to the <br />context of it. <br /> <br />Mr. Morgan commented that changing the zoning of those lots makes no difference because <br />there is no access to them without going through someone else’s property. <br /> <br />Commissioner Hegland commented that Mr. Harstad has the right to request the rezoning. <br /> <br />Dana Mandoza of 2633 Clearview Avenue commented that he would like the zoning kept at R-1 <br />and noted the developer had the chance to put up the townhomes in 1974 and did not do that. He <br />further commented that large rainfalls leave water standing in backyards on Louisa and