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Planning Commission Minutes - June 26, 1991 <br />Page 7 <br />infrastructure improvements. A special notation should be made of the <br />fact that a small portion of the subdivision is not within the Metro Urban <br />Service Area. The ability to serve that portion of the plat with sanitary <br />sewer may be jeopardized if permits cannot be secured from the Metro Waste <br />Control Commission. If an amendment to the MUSA is proposed by the <br />developer some time in the future, all administrative costs related <br />thereto shall be the responsibility of said developer. If the Planning <br />Commission feels that the preliminary plat in question is consistent with <br />the City's comprehensive plan for development in this area, we suggest <br />that any recommendation for approval be subject to special conditions: <br />Mr. John Daubney, attorney for the developers informed the Planning <br />Commission that all of the previous concerns had been resolved and only <br />one amendment to the recommended conditions (#5) is requested. No <br />variances or special use permits are requested, four holding ponds are <br />proposed, an 8" pipe will restrict runoff, and MNDOT is reviewing the <br />plans to determine whether turn lanes are required. The Rice Creek <br />Watershed District is also reviewing the plans on June 26, 1991. <br />Commissioner Dan Davis left the meeting. <br />Chairman Peltier opened the public hearing. Greg & Sue Carlson, 13735 <br />Forest Blvd., were present to express their concern regarding setbacks. <br />They felt there should be a buffer area between their home, which is 5' <br />from their property line and the proposed houses. Mr. Howard Arcand, as <br />personal representative and owner of neighboring property, was concerned <br />with the flow of surface water to his property. Mr. Arcand also requested <br />that the developer open the ditch for containment of the surface water to <br />the north. Mr. Marvin LaValle inquired as to what provisions had been <br />made to handle the water coming from the west through the culvert presumed <br />to be located under Highway 61. <br />Mr. Olson, engineer for the project stated that they did not locate any <br />culverts under Highway 61. He stated that the ponds were designed to <br />accommodate the 100 year flood, that there would be no drainage from the <br />property to the ditch adjacent to Highway 61, and that the ponds would not <br />discharge to the east until the 100 year flood elevation had been <br />reached. Mr. Bruce Hanson from the Minnesota Pipeline was present as <br />representative only, and did not support or oppose the development. <br />Mr. Schreier, one of the developers stated that he spoke to the Carlsons <br />and tried to reach an equitable agreement regarding the setbacks and <br />offered to sell them (the proposed outlot) 5' on the north which they did <br />not agree to, however he does not feel he has any responsibility to <br />resolve their problem. The Chairman then closed the public hearing. <br />Administrator Huber again requested that the developers work with the <br />Carlson's and the property owner to the east to resolve their problems. <br />Mr. Huber also recommended that condition #5 not be changed. He said that <br />after the City has assurances of utility and road installation, building <br />permits can be issued. Mr. Huber also stated that the developer secure, <br />in writing, the pressure of the line and assurance that all homes are a <br />safe distance from the pipeline. <br />