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CCP 11-26-2001
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CCP 11-26-2001
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<br />ARDE)) HILLS PLANNING COMMISSION - NOVEMBER 7,2001 <br /> <br />2 <br /> <br />Tom Goserud, 4350 Hamline Avenue, summarized his letter to the City of Arden Hills <br />dated Octoher 14, 2001 and stated he had two large parcels of land that were land locked. A <br />Each pm'cel was 3-4 times the size of the neighhoring lots. He stated whatever type of - <br />development evolved, the access would be from Hamline Avenue. He indicated he <br />believed this type of platting would not he setting a new precedence in the City. He <br />stated a similar platting was the Amble's Subdivision, and that had basically the same <br />situation as he had. He noted it was his right to develop his property and to have <br />reasonable use of his property, and he helieved they did not have reasonahle use of their <br />land. He asked that the Commission approve the plat. <br /> <br />Roger Aiken, 4360 Hamline Avenue, presented an aerial photograph of the property. He <br />stated for a variety of reasons this was the time to address this matter. He stated they had <br />been working on this proposal for over a year. He indicated this was the best use for this <br />piece ofland from his point of view. He believed his neighbors had a distorted view of <br />what actually had occnrred over the years regarding this property. <br /> <br />Mr. Aiken presented to the Commission his written comments that he requested be <br />recorded into the Minutes. With respect to staff s denial based on no hardship, he <br />believed "substantial was a subjective term that he considered to mean what had been <br />historically allowed and customary on a property of this size given its location and <br />proximity within the juncture of two large metropolitan areas." He stated, "one right <br />given to property is the freedom to sell the property at a fair price in the market place. <br />While this was not the cause for a variance alone, it was one factor when determining <br />equivalency of this property with others which had been developed with variances." He <br />stated, "City zoning could not define a substantial or reasonable use." He indicated, <br />"another common right was to repair and improve property. The existence of a large <br />parcel attached to a single-family dwelling created an uncertainty as to the future status of <br />the dwelling." With respect to staffs comments that the access did not conform to City <br />standards, he stated "the original platting of the lots and subsequent changes created a <br />natural hardship that ran with the land. These lots were originally platted in the 1930's <br />and could not have anticipated cnrrent city standards or the circumstances of historical <br />development. The lots present more than a minimum required lot size and square <br />footage. " He stated. "other areas of the City were served by private roads. The fact that <br />these lots were late in the development, should not disqualify lots that fit well within the <br />current neighborhood and he beneficial low cost contributors to the City tax capacity." <br />He stated "the roadway presented would meet mandated setback requirements, safety and <br />construction standards, be fully insured, and separately platted to an association." He <br />stated, "reasonable variance according to past practice was appropriate." With respect to <br />staffs recommendation number three, he stated "that was a given, however, at some <br />point in time it would have qualified and it might also qualify as a result of changes at <br />some point in the future." With respect to staffs recommendation number four, he <br />stated, "the potential to impact the adjacent property owners, was not documented or <br />specified. Setbacks protect and buffer adjacent property owners. Drainage had already <br />been established in previous engineering for neighboring projects. Grading impacts were <br />minimal due to the elevation range on the property. Wetlmld impacts were allowed under <br />the Waterland Conservation Act and were managed by the Rice Creed Watershed <br />District. Any impacts to the neighbors' proximity and view of open space should he <br /> <br />~--- v'+"---'l..iA---' ,....\'..<\ <br />-"'-~...~-':~~ <br />. -." -, --, -. <br />..,,,,,'Y '" .,....... ') <br /> <br />. <br /> <br />. <br />
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