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<br />e <br /> <br />. <br /> <br />. <br /> <br />ARDEN HILLS PLANNING COMMISSION - NOVEMBER 7, 2001 <br /> <br />3 <br /> <br />avoided but this was not a recognized property right. There was no claim of adverse <br />possession. There were no tree ordinances in Arden Hills. There were no known puhlic <br />safety or health risks in question." In summary, he stated he helieved that "hardships <br />existed in several areas. As a long time resident of Arden Hills, he felt that a substantive <br />and equivalent right to develop property within generally and ordinarily granted <br />variances under City Code. If City rules were strictly construed in this case, they prohibit <br />reasonable development without certain variances and thus constitute a hardship under <br />the Arden Hills Sub-division code and Minresota Rules. This hardship was unique due <br />to this history of development in the area and could not exist on other properties within <br />the City because: I. There were few properties of this sized that remain undeveloped <br />within Arden Hills. 2. The current platting and history were unique and related solely to <br />these properties. To date no demonstrated or valid proof that this project would be <br />detrimental to the public welfare or would be injurious to any real property right currently <br />held by adjoining properties has been presented." <br /> <br />Acting Chair Sand asked who owned the lot directly to the South of Mr. Goserud. Mr. <br />Goserud replied he owned the lot and it was vacant, but that lot was not a part of this <br />proposal. <br /> <br />Commissioner Galatowitsch asked why this parcel was left out. Mr. Goserud replied <br />there was no way it could he incorporated at this time for this proposal. <br /> <br />Acting Chair Sand asked ifMr. Goserud had considered using this property as an access <br />instead of what they were proposing. Mr. Goserud stated they had considered this, but he <br />believed it would be beneficial to place the access between the properties. <br /> <br />Commissioner Zimmerman asked who would develop the property. Mr. Goserud replied <br />they had not made that decision yet. <br /> <br />Mr. Goserud pointed out that due to errors in past surveying and platting, six (6) feet had <br />been encroached upon on 4350 Hamline. The origina110t width was intended to be 132 <br />feet, but the surveyed only came out to 126 feet. <br /> <br />Mr. Parrish stated the applicants had not taken advantage of past platting to take <br />advantage of an access. He stated the proposed access at this point was over 500 feet <br />long <br /> <br />Rhonda Mynnel, 1284 Amble Road, stated she had prepared the petition. She indicated <br />they had moved to Amble Road in 1987. She stated in 1992, there was a proposal to have <br />an access off of Amhle Road, hut Mr. Aiken had rejected that proposal. She stated the <br />applicants in the past had future options. She indicated Hamline Road was a very busy <br />road and was concerned about having a development on Hamline Road. She stated there <br />was not enough room between Wyncrest and Amble for another access. She stated <br />everyone in their neighborhood had equal lot sizes. She asked that the neighborhood be <br />kept a more suburhan area. She stated if they grant a variance for this, then they would <br />have to allow access all ofthe way down Amble Road. She expressed concern regarding <br />Wyncrest going downhill, and the possible flooding that could occur if this area was <br /> <br />.~......... C0.{......l.~"... ......P..\"'f0"P..\ <br />"19 ,.~..\ <br />.. . '.' ....-\ <br />'C'" ....... ."te" y,":'71 .. ..... <br />