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Please review the minutes of the December 18, 2000 Council meeting attached as Exhibit C. The primary issue with the seven lot requests was access to the properties since Mr. Van Eeckhout did not have access to the property. The two options for access had been for the applicant to either purchase access or obtain an easement for "road" purposes over Tract G to Brown Road South, or seek approval to access Apple Glen Road from the City of Long Lake. Mr. Van Eeckhout has not been able to successfully negotiate road access to Brown Road or Apple Glen Road. The revised concept plan would allow access to four lots via two shared driveways. Mr. Van Eeckhout will meet with the Long Lake Planning Commission to discuss the issue of driveway access for the northern two lots to Apple Glen Road on January 9, 2001. Review of Wetland Boundary Issue: The other issue appears to have been resolved regarding the wetland boundary determination. A Technical Evaluation Panel (TEP) was assembled to review the wetland boundaries. The TEP was made ofby representatives of the Hennepin Conservation District, Board ofW ater and Soil Resources, and Minnehaha Creek Watershed District. The TEP met on Mr. Van Eeckhout' s property on October 16, 2000. The TEP determined they did agree with the delineation as presented by Svobota Environmental Services. A copy of their findings has been attached as Exhibit E. The TEP findings are consistent with the applicant's drawings and delineation and result in a dry buildable acreage of just over 14 acres. The concept behind the PRD request is to allow for an alternative to standard minimum lot size subdivision, to enhance the appearance of neighborhoods through preservation of natural open spaces and to provide cohesive structure to neighborhood design. The plan does protect a generous amount of open space most notably the area south of the creek would be left natural and protected with a conservation easement. 4 Lots vs. 7 Lots The revised plan does not entirely resolve the access issue. Throughout the process it was the intent of the applicant and City to have access for all lots out to Brown Road. However Mr. Van Eeckhout has an easement for "driveway" purposes over an adjacent property, not for road use. The City Attorney has determined the easement to the subject property(ies) could not be used for road purposes. Therefore, access to Apple Glen is required. The City of Orono permits only 2 lots to be served by a driveway. More than 2 lots would require a road. The Brown Road access would share access with the property located at 130 Brown Road South. A total of 3 lots would be utilizing the corridor. The City of Orono has approved this access arrangement elsewhere when findings were made to justify not building a road. #2550 Charles Van Eeckhout 120 Brown Road South Subdivision 1117101 page--2