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„_arice in density appears not to be a critical factor.” <br />:.tbit R) <br />Defendant's denial of Plaintiff's applications herein <br />-zoning, special use permit, plat approval and density <br />..:,.Lance was unreasonable, arbitrary and capricious. <br />CONCLUSIONS OF LAW <br />1. Plaintiff is entitled to judgment against Defendant <br />declaring his right to an Order: <br />A. Re -zoning from R-1 to R-2 that parcel of real property <br />referred to herein as the "Kehr Lana"; <br />B• That a Special Use Permit be issued by Defendant to <br />Plaintiff for the Planned Unit Development proposed <br />for the "Kehr Land" consisting of 13 townhouse units; <br />C. That the preliminary plat of Plaintiff's proposed <br />development is hereby approved; <br />D. That a variance from density requirements of the City <br />of Roseville for zoning and building regulations is <br />hereby granted for Plaintiff's proposed development. <br />2. The foregoing is conditioned upon Plaintiff's compliance <br />with the following: <br />A. Development must be in compliance with the site plan <br />dated January 22, 1985; <br />8. Estimated cost of sidewalks required by Defendant shall <br />be deposited in lieu of actual sidewalk construction; <br />C. Plans for provision of utilities mist be approved <br />by Defendant; <br />D. Parking on the private street to be constructed in <br />Plaintiff's development shall be prohibited from the <br />curve to the east property line; <br />-13- <br />