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RCA Attachment 5 <br />1 c. Request for Approval of a Preliminary Plat of an Existing Parcel as Ten Lots for <br />2 Single-Family Attached Homes (Twinhomes) (PF23-002) <br />3 Chair Pribyl opened the public hearing for PF23-002 at approximately 8:00 p.m. and <br />4 reported on the purpose and process of a public hearing. <br />5 <br />6 Senior Planner Bryan Lloyd summarized the request as detailed in the staff report <br />7 dated June 7, 2023. <br />8 <br />9 Member Aspnes indicated she drove around this parcel and had some concerns about <br />10 the private drive only because of the amount of snow there was this past year, she <br />11 wondered where all of the snow will go. <br />12 <br />13 Mr. Lloyd indicated he did not know the answer but suggested there are large side <br />14 yards adjacent to Fry Street and maybe the owner would not be able to pile snow in <br />15 their drainage outlot but is a place where he would put it. Whatever provisions are in <br />16 the maintenance code, even though it is not a City street it still has similar sorts of <br />17 requirements for the maintenance and that sort of thing. <br />18 <br />19 Member Aspnes asked if the units will be rental units or owner-occupied dwellings. <br />20 <br />21 Mr. Lloyd explained that is not a question staff considers in subdivision requests. A <br />22 dwelling unit is a dwelling unit, a lot is a lot. In a subdivision like this the separate <br />23 parcels, the separate lots facilitates separate owners but does not prevent someone <br />24 from buying one or more of them and renting it rather than occupying it. The <br />25 transition from doing the development in a single parcel with the ten dwellings, which <br />26 in his mind would more likely be rentals, proceeding through the plat process like the <br />27 applicant is doing suggests the intent to sell them and purchased then by either <br />28 residents or someone who would rent them out. <br />29 <br />30 Member McGehee explained since the City might require a homeownerÓs association, <br />31 she has seen homeownersÓ associations that specifically specify that the homes cannot <br />32 be rented for more than a year and is a condition that the City could apply, if the City <br />33 is the one requiring the homeownerÓs association. <br />34 <br />35 Mr. Lloyd explained he was not sure that the City could require some tenancy <br />36 provisions in a homeownerÓs association. The City can regulate rentals through the <br />37 CityÓs Rental Registration program of Rental Licensing program, but he did not <br />38 believe that the City has the ability to prohibit them. <br />39 <br />40 Member McGehee indicated she was probably going to object to this on the basis of <br />41 traffic because there is the dense neighborhood that is very much landlocked, <br />42 particularly with the changes now on Snelling and only two exits coming out onto <br />43 Fairview. She thought both exits were very dangerous for access to this <br />44 neighborhood. The other thing is the City just added approximately four hundred <br />45 units just across from this and this is one of the parks that is expected to take some of <br />46 the influx of new people in the community. This particular park seems to her to be an <br />47 ideal space to add a little land rather than add more houses in an area that already has <br />48 a severe traffic access and exit problem and is quite a densely populated area now. <br />49 <br />Page 7 of 10 <br /> <br />