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Planning Commission Minutes — July 8, 2004 <br />that they would not necessarily be required to hook up to sewer and water and properties are taxed <br />according to the use of the property. He also said that to connect utilities across property lines, the <br />City could exercise eminent domain if deemed absolutely necessary. Schumann said he felt it was <br />imprudent to expand MUSA for development when there are so many issues regarding sewer and <br />traffic. He complimented the developer on the plan but felt it was premature. <br />Rosenquist made motion, Kleissler seconded, to recommend denial of the Comprehensive Plan <br />amendment. <br />All Ayes. Motion carried. <br />Victor Gardens 51h Addition PUD Amendment and Preliminary Plat <br />The Commission held a public hearing to consider the request of POA -Scherer, LLC, 3030 Centre <br />Pointe Drive, Roseville, for a PUD amendment and preliminary plat for "Victor Gardens 5th <br />Addition" consisting of 36 single-family homes and 5 outlots on 83 acres located in the southeast <br />quadrant of Elmcrest Avenue and Frenchman Road. <br />The City Planner presented the plan to the Commission and explained the conditions staff <br />recommended for approval. She indicated that it was generally consistent with the concept plan <br />for Victor Gardens. The size and number of single-family lots proposed in this phase are <br />consistent with the PUD concept plan and the setbacks and landscaping plan complied with the <br />original PUD. The Planner explained that the developer would be providing a phasing plan and <br />providing a plan for annual sewer connection permits for city review and approval. <br />Acting Chair Malaski opened the public hearing. <br />David Hempel from Contractor Property Developers Company was present representing POA <br />Scherer. He introduced Jason McCarthy, Westwood Professional Services, who was the Engineer <br />on project. <br />Hempel explained the future phases of Victor Gardens. He indicated there would be a four -lot <br />private drive, approximately 15 lots which would not be developed until the adjacent property was <br />developed, and two other phases to be developed in 2005 and 2006. He said they are also looking <br />at the north side for future commercial and townhome development. <br />Hempel stated that they were comfortable with most of the conditions of the preliminary plat <br />approval and would continue to work with the City on outstanding issues. <br />Doug Martinson, 13995 Elmcrest Avenue North, was concerned about contractors intruding on <br />their property because the plan showed their property included on the plat. The planner explained <br />that the plan would be revised prior to submittal for final plat. <br />Bob Weir, 4477 Cossette Lane North, said he was the ninth resident to purchase a single-family <br />home in the development. He said there were three or four homes in the same area as his that <br />looked identical to other homes and it appeared standards were relaxed from the standards of the <br />homes in the front of the development. He said he felt they received false information from the <br />