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City Council Regular Meeting -10/09/06 Minutes - Page 19 Continuation of Discussion, Variance Appeal (PF 3781) [6.1a] lhlan moved, Pust seconded, adoption of Resolution No. 10440 entitled, "A Resolution DENYING a Variance to S 1004.016, and in Accordance with S 1013.02 of the Roseville City Code fro Charles Weleczki, and the Vacant Parcel at Dale Street and Dale Court (PF 3781)." Councilmember Ih1an opined that it was a mistake to initially grant the subdivision. Mayor Klausing spoke in support of the motion to deny; opining that he found no good faith issue that the owner had not created the hardship. Councilmember Kough expressed his desire that a solution could be found; however, opined that the hardship was created by the property owner. Roll Call Ayes: Kough; Maschka; Ihlan; Pust and Klausing. Nays: None. 8. Receive Legal Opinion on Twin Lakes Land Use Issues Community Development Director John Stark advised that, since the preparation of the Council packet materials and the legal opinion of City Attorney Squires, an application had been submitted by a development team representing Twin Lakes LLC that they felt was consistent with the 2001 Twin Lakes master Plan without requiring a Comprehensive Plan amendment; and without a "big box" retail component. Mr. Stark advised that staff had just received the application for rezoning and other land use applications, and had only begun their initial review of the submittal. Mr. Stark did note that the current Indianhead and Cummings sites were left as currently developed in the proposed site plan. Mayor Klausing clarified that the application would need to proceed through the 60-day formal approval process with internal staff review, Planning Commission Public Hearing if merited, then City Council approval. Continuation of Discussion, Variance Appeal (PF 3781) Receive Legal Opinion on Twin Lakes Land Use Issues