CC_Minutes_2012_0709 - Laserfiche WebLink

Home

7/1 t '2-- Findings for Denial of Proposed Preliminary Plat A/rt3' County Road C and Cleveland Avenue, Roseville, MN July 9,2012 According to the League of Minnesota Cities Handbook and their review of the seminal Semler case,the preliminary plat approval"establishes the nature,design and scope of a development project and triggers significant activity by both developers and cities."Semler Construction,667 N.W.2d 457(Minn. Ct.App.2003). According to Semler and Minnesota Statute regarding subdivisions, preliminary approval is intended to be comprehensive and is "the most important step in obtaining approval of the subdivision."Semler,667 N.W.2d at 461. By definition,comprehensive consideration of a preliminary plat approval involves the discussion of the underlying project and the development agreement for that project. Preliminary plat approval and a master project agreement work together with City resolutions and ordinances"to implement a public policy of beneficial long-term development."Id at 462. While the City's position continues to be that the plat"is simply lines on a map," it appears that this view is not supported by the League of MN Handbook,the decision in Semler Construction v. City of Hanover,667 N.W.2d 457,461(Minn. Ct.App. 2003),or MN Statute 463.354. Therefore, in the matter of the proposed Twin Lakes 2"d Addition Preliminary Plat for the land area bounded by County Road C and Cleveland Avenue,Twin Lakes Parkway,and Prior Avenue, including the 4643 square foot rectangle of land that is the subject of the disposal request, I move that the requested preliminary plat be denied. A municipality must approve a preliminary plat that meets the applicable standards and criteria contained in the municipality's zoning and subdivision regulations unless the municipality adopts written findings based on a record from the public proceedings why the application shall not be approved. (Emphasis added) MN 462.358,sub 3b When evaluating the following findings,the City of Roseville Code must be considered. Roseville City Code 1102.03(A)requires the City Council to consider"the health, safety,general welfare and convenience of the City" in deciding whether or not to approve a preliminary plat. In addition,a preliminary plat cannot be granted for a land use that does not meet the requirements of Roseville's zoning code and comprehensive plan,or the AUAR. Denial is recommended based on the following findings: 1. There are currently three appeals filed regarding this proposed plat. These appeals have not been heard or decided. a. An appeal before the Minnesota Court of Appeals regarding the validity of the current AUAR (Copy in the May 21 packet) b. One appeal by SWAARN, a Roseville Community Group,of the Determination made by Community Development staff as to whether or not this proposed project is a permitted use under the current zoning code. (Copy in the July 9 packet) Page 1 of 4