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July 21, 2021 Waldron Law Offices, LTD Attn: John B. Waldron VIA EMAIL ONLY 1951 Concordia Street john@waldronlaw.com Wayzata, MN 55391-9320 Re: Hillier Land Use Application for 1245 Arbor Street, PID 10-117-23-31-0105 Mr. Waldron, The City has received your letter of July 9 regarding your clients desire for City approval to subdivide the property into two lots. After reviewing your statements and the supporting documents, please accept this letter as the City’s response to your inquiry. Your letter makes three primary arguments to support a second building site on the property: arguments based on the resolution 1798, arguments based on RPUD regulations, and arguments based on the Comprehensive Plan. Resolution. You note that city resolution 1798 included several statements: 1. if the subject property "is granted a variance and declared buildable by this or some future council, a connection charge in the amount equivalent to one 1985-1 sewer unit assessment shall become due and payable upon granting of the variance" 2. if subject property "at some future date becomes a buildable site as a result of a change in the zoning regulations a connection charge in the amount equivalent to a 1985-1 sewer unit assessment shall become due and payable upon application for a building permit" and 3. "should the zoning regulations change at some future time to allow additional building sites on this property, any additional buildable lots or sites created by such changes will be subject to another full unit assessment charge to be collected at the time a building permit is issued." Emphasis added The resolution does offer a possibility for a second dwelling unit, if a variance is granted, or if zoning regulations change that would allow additional building sites. Neither of these actions have been approved by the City Council. RPUD. Of the two ways you offer to interpret minimum area of a RPUD, the Ordinance requires 5 acres, or a finding by the City Council that one of the 4 conditions exists (Sec 78-626 (1) a-d). These 5 acres may not include designated wetlands, floodplain, shoreline district, or rights of way. The regulation is interpreted consistent with your #2 on page 2. The Council has allowed RPUDs less than 5 acres, when at least one of the conditions is found to exist. Comprehensive Plan. The City Council adopted its comprehensive Plan on June 10, 2019 after the Metropolitan Council approved it on May 22, 2019. The adopted version of the comprehensive plan on the city website can be found here. I won’t go into each point because you may have been referring to earlier drafts of the plan when you referenced a plan dated March 2018. The guided land use for the property is low density residential, with a range of 0.5 – 2 units per acre. Two acre minimum lot sizes for the zoning district is consistent with this range.