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<br />Again, the ordinance specifically states that this applies to the shoreland district not the <br />shoreland management district. Therefore, the restriction on the density of the PUD within 1,000 <br />of the ordinary high water mark must meet the requirement of at least 50% of the area will be <br />preserved as open space. <br /> <br />The 50% requirement applies to the PUD since it applies to the project area and therefore does <br />not include any area that is not part of the PUD such as Langton Lake Park. <br /> <br />Since the project does not meet these two requirements of the Shoreland Management <br />Ordinance, the project is not in compliance with the AUAR mitigation plan which therefore <br />makes the AUAR invalid based on the criteria stated above. <br /> <br />The motion from the Planning Commission had a condition that city staff was to evaluate the <br />project relative to the Roseville Shoreland Ordinance and report on whether the project was in <br />compliance with the ordinance and if it was not in what ways was the project not in compliance. <br />Since the city staff has not in any of its written reports detailed this information, I assume that <br />they have not done a detailed review as they were required to complete. <br /> <br />Conclusion <br /> <br />Based on this analysis, I state that the project does not meet the mitigation plan passed as part of <br />the AUAR, is not in compliance with the Shoreland Ordinance, no variance to either the <br />Shoreland Ordinance or the mitigation plan has been requested, and therefore this concept plan <br />as proposed must be rejected. <br /> <br />I would recommend that prior to any action by the city council that we receive, at least, a legal <br />opinion from the City Attorney as to the status of this project relative to the Shoreland Ordinance <br />and the AUAR Mitigation Plan. <br /> <br />Sincerely yours <br /> <br />Timothy Callaghan <br />