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FROM :�AW OFFICES FRX N0. :651-636-9600 May. 19 2004 01:18PM P3 Neal Beets, City Manager May 19,2004 Page two A review of the May 10 City Council meeting clearly shows t�t�t the stated reasons for c�eni�l of the Albe��tsan rcqu�st for a minor subdivision are legally insuff'icient,Like it or not, the City Council can not choose to simply ignore its 1�vw��l obligation to apply the facts �� a particular application to the zoning code, As pointed out by both Mr. Paschlce And City Attorney Anderson, all the requirements set forth in the existing zoning code for � minor subdivision � rnet in the Albertson request. It was neither the time nor the place for the Council to attempt to create new policy for minor subdivisions already expressed in tlze zoning ordinance;. Councilmetnbcr Ihlan's statement that �h� was "rebelling" against a lack af discretion undcr the ordinance is, on its face, an arbitr�ry and capricious reason for denial. I trust that Mayor Klausing will make cle�r to his eolleaguos and to the publi.c that the Council, in deciding the merits of this application, is �eting within the limits of i t s quasi judicial role and not in its much broader legislativelpublie policy role. As a quasi judicialbody, the City Council has a legal obligation to obey and strictly abide by the laws it creates. Additional comment �n � discussion by tlie Council and the public, i.n my opinion, should be limited to the merits of this application for a ininor subdivision under t� zoning code as it currently exists. It wou�Id serve no useful purpose to rehash the lengthy discussion and comment which was heard at the May 10 meeting. Under normai circurttst�nces minor subdivision requests arc placed on the Council's Consent Agenda and dealt with � other administrative-type �ction iicros, The Albertsons have been good citizens of Roseville and land ncighbors in their community for over 40 years. They raised their five children at 3103 A�� Stre�t. The Albertsons arc hoping to move into a new home at Applewood Poi.nte. In all likelihood a young family with small children will purehase the Alberi:son home and another young family with small children will build a new home on the proposed lot. This is precisely what the city hoped would happen �si it went forward with Applewood PointE project, I am happy to speak fitrtlZer with you, the City Ai�'orncy or any memb�t' of the C3i�r Council prior to next Monday's Council meeting, P1ea,se do not hesitate to call if you have �nv questions or concerns. Th�nk you, �i�� Daniel G, Wall cc: V�rnon & Irene Albertsan