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would ask the applicant about this as well. He did think that moving the setback 49 <br />would be fine and is probably practical. 50 <br /> 51 <br />Chair Gitzen asked regarding the controlled access, which will get the Conditional 52 <br />use, if the Commission is allowed to put some conditions on that. 53 <br /> 54 <br />Mr. Lloyd indicated that was right, as with any Conditional Use consideration, 55 <br />approval can include any conditions deemed necessary to prevent adverse impact, and 56 <br />protect the health, safety, and general welfare of the community. 57 <br /> 58 <br />Chair Gitzen explained there is a trail dumping out onto McCarrons and then across 59 <br />there is the park area so he wondered if there was anything that the City could do to 60 <br />require the developer to put a crossing in there to protect the public. 61 <br /> 62 <br />Mr. Lloyd indicated staff has been working with the developer on that and in fact, 63 <br />there are reason why Public Works Staff is reluctant to recommend flashing lights or 64 <br />some sort of larger improvements like that. The Rice and Larpenteur Vision Plan 65 <br />does promote certain street painting designs at intersections, crosswalks and so forth. 66 <br />This being a sort of public pedestrian way/multi-use path, in that vision plan area, that 67 <br />would do some sort of crosswalk, painting would need to be done. They are working 68 <br />with the designs in that vision plan to not only call attention to a pedestrian crosswalk 69 <br />there but to elevate it in light of its location in this vision plan area. 70 <br /> 71 <br />Mr. Roger Anderson, applicant, addressed the Commission about the proposed plan. 72 <br /> 73 <br />Member Kimble indicated it was really helpful to understand the addition of the extra 74 <br />lot because she did wonder about that and in a way adds a complication for the zoning 75 <br />request. She thought it helped to understand the reason for the zero-lot line request. 76 <br /> 77 <br />Chair Gitzen agreed and also liked the comment that the HOA was not going to be 78 <br />responsible for maintenance of the homes but there will be required access easements, 79 <br />which could be a condition for the variance. He would be comfortable with the zero-80 <br />lot line as long as there are access easements, which he has not seen before but 81 <br />thought they probably existed in other communities. 82 <br /> 83 <br />Public Comment 84 <br /> 85 <br />Ms. Susan Love, homeowner on , west of the development. She 86 <br />explained the StarTribune quoted Ms. Gundlach saying the idea behind the tree 87 <br />ordinance is to motivate people to redevelop in a way that preserves the big trees. 88 <br />She indicated this plan instead destroys twenty-six of twenty-eight heritage trees and 89 <br />162 or 197 significant trees. There is a tug of war here, as has been pointed out, 90 <br />medium density zoning could allow up to forty-eight units. She noted on line 126 of 91 <br />the report, essentially tells them that if they argue to save trees and if they argue for 92 <br />fewer homes they could essentially and inadvertently be arguing for fewer buildings 93 <br />of greater density instead of single-family homes, which she and neighbors she has 94 <br />spoken with definitely do not want. The surrounding residents do want single family 95 <br />homes, just not so many. She explained she has previously made clear her views 96 <br />about limiting development in order to mitigate climate change, which affects public 97 <br />RCA Attachment D <br />Page 2 of 51