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<br /> I <br /> I. Chapter 441 O~ 1700, Subpart 7, which states: "In deciding whether a project has the potential for <br /> significant environmemal effects, the following factors shall be considered: ( <br /> I A. type, extent, and reversibility of environmental effects; <br /> B. cumulative potential effects ofrelated or anticipated future projects; <br /> I C. the extent to which the environmental effects are subject to mitigation by ongoing <br /> public regulatory authority; and <br /> D the extent to which the environmental effects can be anticipated and controlled as <br /> . a result of other environmental studies undertaken by public agencies or the <br /> project proposer, or ofEIS's previously prepared on similar projects ". <br /> . The City is required, within five (5) days of making its decision on the adequacy of the EA W, to <br /> notify all persons on the EA W distribution list, all persons who provided written comments <br /> during the 30 day public comment period, and to any other person upon written request (MN <br /> . Rule, Chapter 4410.1700, Subpart 5). Minnesota State Statute, Section 116D.04, Subdivision 10. <br /> states in relevant part, "Decisions on the need for an environmental assessment worksheet, the <br /> need for an environmental impact statement and the adequacy of an environmental impact <br /> I statement may be reviewed by a declaratory judgment action in the district court of the county <br /> wherein the proposed action, or any part thereof, would be undertaken. Judicial review under <br /> . this section shall be initiated within 30 days after the governmental unit makes the decision, and <br /> a bond may be required under section 562.02 unless at the time of hearing on the application for <br /> the bond the plaintiff has shown that the claim has sufficient possibility of success on the merits <br /> .. to sustain the burden required for the issuance of a temporary restraining order.". <br /> The City of Arden Hills received ten (10) comments on the EA W during the 30 day public <br /> I comment period. The City received: five (5) comments from public agencies, of which one (1) <br /> arrived after the close of the comment period; and eight (8) comments from the public, of which <br /> one (I) arrived before and one (l) arrived after the close of the comment period. The Staff is <br /> I providing the City Council 'Nith; the EA W, the public comments from the 30 day public <br /> comment period, the public comments received before and after the 30 day public comment <br /> period, and the responses to those public comments. The City Council has received under <br /> I separate cover the Staff memorandum on the Townhomes of Lake Valentine, dated September 6, <br /> 1995. <br /> I Findin!;:s of Fact <br /> ! Tvpe. extent. and reversibilitv of environmental effects <br /> . The development proposal is for a 16 unit attached single family residential project on a <br /> 6.51 acre site which is zoned R-l Single Family Residential. The development proposal <br /> complies with the City Zoning Ordinance, as it pertains to: compatibility, density, lot <br /> I coverage, floor area ratio, landscape lot area, building height, and required landscaping~ <br /> The Staff concludes that the development proposal, as modified by its recommendations <br /> is consistent with the Comprehensive Plan and City Code. <br /> I <br /> .. <br /> I <br />