01-19-2021 Planning Commission Packet

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Orono City Mayor Dennis Walsh Orono City Council Members October 26, 2020 Page 2 At tonight's City Council meeting, the City will decide whether to approve a seven lot subdivision that the Jacobs family applied for on July 22, 2020. The application should be denied. We are concerned that on Friday, October 23, 2020, the City provided notice — for the first time —that the Jacobs family/trust proposed a new six lot development. The City cannot consider this new six lot subdivision. Notice was not provided as required by Minnesota law. See Minn. Stat. 462.358, subd. 3b. As you will hear from Mrs. Burwell directly this evening, Mrs. Burwell objects to both the originally applied for seven lot subdivision and this newly disclosed six lot subdivision. The City must reject the application submitted by the Jacobs family/trust for several reasons discussed, below. In addition to these written comments objecting to the proposed subdivision, Mrs. Burwell requests to be able to address the City Council and then separately requests that I be allowed to address the City Council to explain why the proposed subdivision must be rejected. Mrs. Burwell has concerns about the proposed seven lot subdivision of the Irwin Jacobs property (the "Jacobs Property") located at 1700 Shoreline Drive in Orono.' This proposed seven lot subdivision asks the City to ignore its own established Average Lakeshore Setback Ordinance and the protections afforded neighboring property owners. The ALS Ordinance cannot be circumvented by the Jacobs family/trust, and the proposed subdivision must be rejected for the simple reason that the City should not grant a number of variances to overcome admitted deficiencies in the proposed preliminary plat that fail to meet code requirements established for the health, safety, and welfare of Orono residents. The City must reject the proposed subdivision. Minnesota Government Data Practices Act Request. We are concerned by the lack of transparency to date regarding the proposed subdivision. This concern relates to the actions by Tim Whitten and agents of the Jacobs Family Trust. We need to better understand what the Jacobs Family Trust has represented to the City's officials. Mrs. Burwell respectfully requests that the City Council deny the proposed application for the subdivision. Mrs. Burwell also requests copies of the following documents, pursuant to Minnesota's Government Data Practices Act: 1. All e-mails submitted by the Jacobs Family, the Jacobs Trust, Gronberg & Associates, Whitten Associates, Inc., Tim Whitten, or Patrick Steinhoff to the City related to the subdivision of 1700 Shoreline Drive in Orono since January 1, 2020. 1 Despite the assertion by Mr. Whitten at the City Council Meeting dated September 14, 2020 that the neighbors had no objection to the plat (see the recording of the City Council Meeting at approximately the 1:00:00 and 1:00:31 marks), the Kuhlmanns and Ms. Burwell are opposed to the development and have not previously indicated any approval of the subdivision as proposed. 2 6573570v1