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CC_Minutes_2004_0524
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Roseville City Council
Document Type
Council Minutes
Meeting Date
5/24/2004
Meeting Type
Regular
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<br />t'age 4 ot IU <br /> <br />OPINION <br /> <br />WRIGHT, Judge. <br /> <br />By writ of certiorari, relator PTL, LLC appeals from the Chisago County Board of Commissioners' <br />denial of preliminary-plat approval. Relator argues that it is entitled to approval as a matter of right, <br />because its preliminary plat satisfies the requirements of the zoning and subdivision ordinances in all <br />respects. Alternatively, relator argues that (I) the record does not support the board's determination <br />that the proposed development is inefficient, poorly designed, or incompatible with surrounding land <br />uses, and (2) the board improperly relied on after-the-fact rationalizations not connected with the <br />actual basis for denial of preliminary-plat approval. We reverse and remand. <br /> <br />FACTS <br /> <br />Relator PTL, LLC (PTL) is a real-estate development company seeking to develop approximately 70 <br />acres ofland located in a district zoned "agricultural" in Chisago County. To that end, PTL submitted <br />an application for preliminary approval of a plat consisting of 14 five-acre lots to be used for <br />residential housing. The county's zoning ordinance permits single-family dwellings in agricultural <br />districts at a maximum density of one dwelling per five-acre lot. Chisago County, Minn., Zoning <br />Ordinance S 5.06(B)(l0) (1997). Accordingly, the Fish Lake Township Board and Plat Review <br />Commission recommended approval ofPTL's preliminary plat. <br /> <br />In April 2002, PTL presented its preliminary plat before the Chisago County Planning Commission. <br />At the commission's monthly meeting, Environmental Services Director Marion Heemsbergen stated <br />that, although the proposed lots met the dimensional requirements of the Chisago County Zoning <br />Ordinance, the planning commission preferred the "cluster or cove" design required for smaller lots to <br />the "cookie cutter" design proposed by PTL. See id. S 7.18(B) (requiring cluster design for lots <br />smaller than five acres). Heemsbergen expressed concern that because the proposed development was <br />located in the middle of open farmland, it appeared to conflict with the goals and policies of the <br />Chisago County Comprehensive Guide Plan, a "policy guide for managing growth in Chis ago <br />County." Chisago County, Minn., Comprehensive Guide Plan, at ii (1995). rFN I] <br /> <br />FNI. Among other things, the comprehensive guide plan seeks to protect long-term agriculture, to <br />prevent incompatible land uses, and to encourage rural residential housing in areas where support <br />services and market conditions exist. Id. at 28-29. <br /> <br />**2 In addition to Heemsbergen, neighbors expressed concern that approval of the preliminary plat <br />would result in increased traffic, unsightly lawns, lower property values, the sale of neighboring <br />farms, and the loss of traditionally farmed agricultural *570 land. One neighbor worried that a <br />proposed road would create a dead end at her field and cause problems with trespassers. <br /> <br />In response to these concerns, PTL indicated that the land was sand rather than prime farmland, and <br />that it had saved large trees to build a buffer between the proposed development and neighboring <br />properties. PTL also indicated that because the plat was close to highway 95 and the city of <br />Cambridge, it was compatible with the comprehensive guide plan's goal of providing low-density <br />housing near a major highway that is close to schools and other towns. <br /> <br />The planning commission concluded that, although the preliminary plat met the dimensional <br /> <br />.../ deli very. I1tm! ?dataid=A005 5 80000004 I 9 I 0003 93 93 98B92C3 E6DED02C54 3&dest=atp&f 3/25/2003 <br />
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