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Orono City Mayor Dennis Walsh <br /> Orono City Council Members <br /> October 26, 2020 <br /> Page 6 <br /> The impact of this higher density also comes at the expense of longstanding owners of neighboring <br /> properties as well as future purchasers of the seven proposed Jacobs subdivision lots, given they <br /> also will enjoy more limited views in a higher density subdivision. <br /> In the present case, the City Council should deny approval of the proposed preliminary plat <br /> because the configuration of the seven-lot subdivision cannot be allowed to be used to further <br /> manipulate the ALS. See recording of the City Planning Commission Meeting dated August 17, <br /> 2020 at approximately the 2:17:50 mark. Had the Jacobs'proposed subdivision included only one <br /> south lot between the neighboring Kuhlman and Burwell parcels, the ALS line may have remained <br /> unchanged. By proposing three south lots, at least two of which presently violate the existing <br /> ALS, the Jacobs Family Trust seeks to convert their property into a more favorable ALS line by <br /> first building on the middle lot in order to manipulate the ALS. <br /> Lake Lots, Lot Width and Density <br /> Proposed lots 1, 2 and 3 are non-lake shore lots as initially proposed. Because lots 1-3 do not <br /> abut Lake Minnetonka, their lot width is measured by the width of the lots' front yards (which <br /> touch the proposed private road). (See Sec. 78-1 definition of lot width). As a result, lots 2 and 3 <br /> do not meet city code lot width requirements. (See Sept. 14, 2020 City Council Meeting recording <br /> at approximately the 31:00 mark where Mr. Barnhart admits that lots 2 and 3 are too narrow; <br /> also, the recording of the City Planning Commission Meeting dated August 17, 2020 at 2:09:29 — <br /> 2:09:55; see also Exhibit 5). <br /> Because lot width is measured differently for lake shore lots, lots 2 and 3 might meet the City of <br /> Orono lot width requirements if they were subsequently combined with the outlots on the south <br /> side of Shoreline Drive so as to abut Lake Minnetonka and thus become lake shore lots. But, as <br /> explained by Mr. Barnhart, under Hennepin County rules, lots 1-3 cannot be combined with outlots <br /> A—C until after platting. (See Sept. 14, 2020 City Council Meeting recording at 31:30 mark). But <br /> the proposed subdivision plan cannot be approved, because it fails to comply with the established <br /> ALS. <br /> As to the proposed subdivision lot density, when asked about the buildable acreage above the <br /> ALS as presently established, Mr. Barnhart stated there were about 4 acres of buildable land above <br /> the ALS line. (See the recording of the City Council Meeting dated September 14, 2020 at <br /> approximately the 45:50 mark.) That is the acreage that establishes the potential density of the <br /> Jacobs Property, if subdivided. <br /> Again, the Jacobs Family Trust asks the City of Orono to ignore its established ordinances and <br /> asks that the City approve a subdivision with two lots (lots 2 and 3) that do not meet minimum <br /> lot width requirements, two arbitrarily created ALS lines and an otherwise impermissible higher <br /> density. Put another way, not only does the Jacobs Family Trust seek to bootstrap lots 2 and 3 <br /> into ALS compliance, but by doing so, they are able to later bootstrap lots 2 and 3 into meeting <br /> minimum lot width requirements. <br /> 6 <br /> 6573570v1 <br />