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Mounds View Planning Commission November 7, 2001 Regular Meeting Page 5 ________________________________________________________________________ Commissioner Hegland indicated he felt the 125-foot lot width requirement should be upheld because the Ordinance was developed for the protection of the wetland. Mr. Harstad indicated he understood why the 125 foot requirement was created at the time it was created and that was to maintain the health of the wetland but also because the City decided to use its wetlands as storm water areas in order save the expense of installing a storm sewer. He then indicated that his father, who owned the property in town with the wetland, allowed the City’s drainage to flow to his property. He further indicated that the rules were created for the City’s benefit and are detrimental to the property owner. Mr. Harstad indicated that there is a national wetland rule and a state wetland rule and, with the proposed 11 lots, he meets the national and state rules. He indicated that those people are wetland specialists and this is what they do all day long is analyze and determine wetlands and they have approved his plan. He further indicated that all agencies including the Army Corp of Engineers, Rice Creek Watershed District, and the Fish and Wildlife Department were notified of the plan and all approved it. Mr. Harstad indicated that he is asking for the right to develop the property in a manner that is acceptable by the state and federal agencies who regulate the wetlands. He indicated that he has agreed to create setbacks, keep as many trees as possible, and create a drainage ditch for storm water that he is not required to do all in the interest of bringing a nice development that respects the wetland area to the community. Mr. Harstad commented that he could remove trees and fill more of the wetland and under R1 zoning could get almost 28 lots on the property but he has only asked for 11. He further commented that he has tried to be responsible because of the wetland and asked the Commission to recognize that. Chairperson Stevenson asked Mr. Harstad to list the lot widths of the 11 lots. Mr. Harstad reviewed the lot widths with the Commission indicating that Lot 10 was the smallest lot. Commissioner Johnson asked if Lots 10 and 11 met the minimum square footage requirements. Chairperson Stevenson indicated that all of the lots meet the 20,000 square foot requirement. Commissioner Hegland indicated he could see granting a variance on the two end lots but said the rest of them would be going against the intention of the Ordinance. Commissioner Johnson commented that failure to approve this plan could result in a less desirable proposal where all the trees were leveled and the wetland was filled to the maximum amount allowed.