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Planning Commission <br />April 28, 2016 <br />Page 2 <br />Gary Sikes, 4410 Rosemary Way Unit #3, approached the podium. Mr. Sikes spoke about the previous <br />developer, Rottlund Homes, who was originally developing these sites. He stated that Rottlund Homes was <br />originally going to form an HOA out of the entire site, however, they only build the one building and then went <br />out of business. He stated that now there are only four homeowners in their HOA and their HOA fees are the <br />highest in Victor Gardens. There is a concern that the HOA may fail. Mr. Sikes believed that the previous <br />development agreement implied that the entire site must be part of one HOA and would either like to be added <br />to Mr. Kettler's newly formed HOA or Mr. Kettler's proposed development be added to the already existing <br />HOA. <br />Juba stated that in all of the Victor Gardens approvals, the City has a condition in the development agreement <br />that they have a HOA. The City does not get involved with how the HOA's are split up for their sub <br />associations. Juba stated that if there is a problem with sub association, the master association is the best <br />resource to use to figure out the situation. <br />Commissioner Patzner asked if the original development agreement had any legal binding for the outlots. <br />Juba stated that the outlots are described as part of the final plat and that they have to be part of an HOA, but the <br />development agreement does not dictate which one. <br />Gary Sikes stated that he doesn't see why they can't all be one association because there are two different style <br />of homes in this proposed development anyways. <br />Steve Cheerhardt, the current owner and partner on this site, approached the podium. He stated that he has <br />always had good communication with the owners in the four -unit building. He described that Mr. Kettler and <br />himself had their attorneys look closely at this issue, because they did want to incorporate their HOA with this <br />new development, but it won't work with this new development. He stated that Mr. Kettler has planned to <br />make a commitment to include the four -unit building in all competitive bidding so they get a better rate on <br />snowplowing, mowing, etc. Mr. Cheerhardt also stated that it is a goal of his to get another four -unit building <br />constructed in the property to the north since the market seems to be coming back for that type of product. <br />Patzner asked how the HOA will work with the two twin home units alongside single family units. <br />Mr. Kettler stated that the HOA will be responsible for anything exterior, including new shingles, siding, <br />driveway sealing, etc. for all units. The interior is the homeowner's responsibility. Mr. Kettler stated that his <br />attorney stated that the HOAs should be kept separate because of the age difference in the construction of the <br />properties. He stated that he is trying to sell these units and a potential resident may have an issue when they <br />are paying their HOA dues and that money is going towards a building that was built ten years ago. <br />Juba stated that the discussion that was occurring sounded like more of a private issue that the City would not <br />normally get involved in. She described that something like this would normally be a discussion between the <br />existing sub association and the master association or could even be a conversation between the existing sub <br />association and the applicant privately. <br />Ted Erkenbrack, 4410 Rosemary Way #2, approached the podium. He stated that he is the president of their <br />association. The association passed a resolution to support the development of lots A and B. He stated that they <br />believed this would assist in those lots developing and therefore, there would be more homes added to the <br />existing HOA. Mr. Erkenbrack said that their dues are the highest of anyone's in the Victor Gardens <br />