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Mounds View Planning Commission June 19, 2002 Regular Meeting Page 6 ________________________________________________________________________ consideration can be given to the rezoning as it seems to be in direct conflict with the City attorney’s letter of January 18, 1998. Mr. Morgan said he is upset with the whole procedure and how things are taking place. He also said that he is amazed that Mr. Ericson did not make reference to the City Attorney’s letter at all during his presentation. Mr. Morgan asked why the City Planners would recommend this change from R1to R3. He then said that boggles his mind. He further stated that two weeks ago he was here and cannot recall one single person that spoke in favor of that change other than Mr. Harstad and the City. Mr. Morgan asked if the City is neutral or whether the rezoning was being considered to eliminate the ongoing litigation with Mr. Harstad and the City. He also asked if there is a bias with the City’s recommendation but said he sincerely hopes not and will assume there is not. Mr. Morgan said it was Keith Harstad that had this development 27 years ago and then stopped the project after getting special zoning through a special use permit and building only six units. Acting Chair Miller indicated that townhomes could be built within the R1 zone with a special use permit and noted the zoning was not changed. Mr. Morgan indicated the project was started and then abandoned and a number of years later the special use permit was withdrawn. Acting Chair Miller indicated that the City’s Code was changed and townhomes were no longer allowed in R1 and had to be in R3 zoning districts. Mr. Morgan indicated that Red Oak Estates, Inc. owns all of the common area which leaves Mr. Harstad’s 66 lots inaccessible. He then said that allowing the change does nothing for Mr. Harstad because he cannot get to the lots to build anything. Commissioner Hegland indicated that if Mr. Harstad develops the property that he owns the agreement says he has access as part of the association agreement. Mr. Morgan indicated it is his position that the six owners who have homes and pay association assessment dues are the only ones with voting rights. He then said that is contested by Mr. Harstad. He further stated that, if Mr. Harstad does not want to address the issues, it may be necessary to address the issues in court. Mr. Morgan indicated he wanted to make the point that he feels that any rezoning of the property must mutually be requested and signed by the existing townhouse owners that live right smack in the middle of this development.