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DRAFT Minutes of 8/27/07 Regular City Council Meeting Page 8 � pursuant to Minnesota Statute 362, the action requested of the City � Council was to determine whether those conditions set forth in Pre- � liminary Plat approval had been met and that, within sixty (60) days 4 of the application, the Council must approve or deny the application. � � Mayor Klausing called for public comment. Fr- 1 t3 Public Comment �� Gary Boryczka, 2250 Acorn Road 7� Mr. Boryczka brought forth several items related to Lot 4 of the pro- 11 posed plat that he opined did not comply with City Code (Section 12 1004.O1e) related to front yard setback requirements and those set- �� backs of other existing homes. �� �� ]� �� i� i� �� �� �� �:� �� �5 Mayor Klausing asked if Mr. Boryczka had brought these concerns to the attention of City staff prior to tonight's meeting; noting the diffi- culty of interpreting staff from the bench immediately prior to re- quested Council action, and in an effort to make good public policy decisions. Mr. Boryczka advised that he had not. Councilmember Ihlan questioned what notice had been provided to the public that this item was going to be on tonight's agenda. �� City Planning Thomas Paschke, with concurrence by City Attorney � 7 Anderson, advised that staff had interpreted City Code and determined �� that all four (4) lots were new, and new lots would be required to meet �� City Code related to new lots; with Lot #4 considered a corner lot, re- �� quiring a thirty foot (30') setback on the new street as well as Acorn �1 Road. Mr. Paschl{e advised that Mr. Boryczka was apparently at- �� tempting to apply code for pre-existing situations, such as for a home �.� addition. 3� :��a Councilmember Roe sought clarification on whether home locations :�� were actually a part of Final Plat approval other than for setback re- 3� quirements in accordance with code. Councilmember Roe sought fur- 3� ther clarification that home locations on any of the lots would be sub-