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0 <br />ORONO CITY COUNCIL MEETING <br />MINUTES FOR APRIL 13, 1998 <br />ZONING ADMINISTRATOR'S REPORT <br />( #6) #2308 BROOK PARK REALTY, 3760 SHORELINE DRIVE - CLASS III <br />PRELIMINARY SUBDIVISION PLANNED RESIDENTIAL DEVELOPMENT <br />Attorney Tim Keane, 7900 Xerxes Avenue, Bloomington, MN 55431, was present on behalf of the <br />property owner, Tonka Venture, and applicant, Brook Park Realty. <br />Keane presented a letter to the Mayor and Councilmembers regarding their proposed planned <br />residential development and preliminary plat subdivision. He explained that they had met with <br />Councilmembers in a work session format to work on an agreeable plan, but such plan had not been <br />accomplished. <br />Keane stated that the time for the City to exercise its zoning authority had expired. He reviewed <br />Minnesota Statute 15.99 which provides a 60 -day time limit to approve or deny an application. The <br />intent of the Legislature was to give land use requests a reasonable review period. Ten days are <br />allowed to review an application and deem it complete or incomplete, providing sufficient reasons <br />if found incomplete. The agency then has 60 days to act on the application. An additional 60 days <br />may be granted if the reason for the extension is provided in writing to the applicant. This <br />• application for a PRD and preliminary subdivision was filed on September 26, 1997. It proceeded <br />through reviews by Planning staff, consultants and the Planning Commission. Recommendations <br />were given to Council, but the application had stalled with Council. Keane stated at this time, the <br />application should be deemed approved as submitted according to State law. If Council does not <br />agree, the applicant would ask a Judge to make the determination. <br />Jabbour asked if the client feels this law applies to the subdivision code as well as zoning code. <br />Keane referred to Minnesota Statute 462.358, Subd. 3 (b) which imposes a time guideline. The <br />subdivision approval would be allowed 120 days; 60 days for preliminary plat approval and 60 days <br />for final plat approval, as these are two separate applications. <br />Jabbour stated that Council has not denied the application. He added that at the December 8, 1997 <br />meeting a substantial amount of direction was given to the applicant. The City did not hear from the <br />applicant again until mid - January. The applicant did not feel he had strong direction from Council. <br />Jabbour stated many issues were discussed including a cul -de -sac, egress- ingress on county Road <br />15, public safety and the effect of traffic on the street. Council requested information regarding these <br />issues but the applicant didn't provide it to the City. <br />Gleason, representing Brook Park Realty, stated they had met with staff in a work session. When <br />he left the meeting, he understood the density issue was resolved. Council had requested a different <br />style for the units, but this would have caused more trees to be cleared and was not acceptable to <br />• staff. Gleason stated no further direction was given. The sketch plan application started with 45 <br />units and was reduced to 30. The City then brought in a landscape architect. <br />5 <br />