02-02-2005 - Laserfiche WebLink

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to: Mounds View City Council from: Jim Ericson, Community Development Director re: Harstad’s Red Oak Estates #3 date: January 10, 2005 As most of you know, the City has been involved in protracted land use litigation filed by Keith and Diane Harstad regarding their property on Long Lake Road and County Road H2, known as Red Oak Estates #3. The litigation finally concluded in November with a Judge ruling that the Harstad’s special use permit for 72 townhome units issued in the early 1970s was still valid today, even though the Zoning Code had been amended in 1977 to prohibit townhomes in an R-1, Single Family District. In a closed session of the Council in November of 2004, with guidance from League of MN Cities legal staff and our own legal staff, the Council decided to NOT challenge or appeal the Judge’s ruling. The ruling, again for your reference, was that special use permit was still valid and that if they wanted to proceed with the development, they would need to meet all of the original requirements of that special use permit, which include constructing a swimming pool and tennis court, correcting drainage issues and gaining permit approval from Rice Creek Watershed District, the fire chief and building inspector. With regard to Rice Creek, the project was granted original approval prior to the commencement of the project in the early 1970s but that approval, which was valid for one year, had since expired. Harstad will likely be seeking permit re-authorization from the watershed board in February and the City will be bound by whatever plan RCWD approves. (The Judge ruled the City’s own wetland regulations did not apply considering that the special use permit predated the wetland regulations in place now.) On Friday, January 7, 2005, Greg Lee, Kurt Ulrich and myself met with Marty Harstad to informally review his 1974 townhome plat and to evaluate the issues and the process associated with the implementation of his development. Because the lots are platted and because the Judge has ruled as he did, there is no formal Council review required for this project to proceed. From a communication standpoint, however, it would be prudent to hold an informal neighborhood meeting to present the townhome plans to the affected property owners and to answer any questions the residents may have. This meeting would be scheduled after the project receives Rice Creek approval and Mr. Harstad has assured us that he will not proceed with any grading activity or clearing of trees until after the City has an opportunity to meet with the neighborhood. Mr. Harstad anticipates a spring groundbreaking for the development. Attached is a copy of the original and still valid plat. The gap between Lots 52 and 53 is the location of a pre-existing single-family house. Next to the house, on Lots 53 – 58, is a six-unit townhome building, the only such building to have been constructed within Red Oak Estates #3. Access to the units fronting County Road H2 would be achieved via one additional curb cut per building, or, five additional curb cuts. Access to the interior townhome unit would be gained via two private driveways as generally indicated on the next page. Please contact me if you should have any questions about this development. Inter-office M E M O