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Mr. Miller rePlied that the lawsuit was to have the Charter Amendments declared <br />unconstitutional, but the Court said that because the rezoning application was withdrawn, he had <br />not yet been harmed by the Charter and for that reason there was no issue. <br /> <br />City Attorney Goodrich noted that Mr. Miller has appealed the denial to the Court of Appeals. <br /> <br />Mr. Smith stated that %'s of the people who own lots in the 2nd and 3rd additions of Reilley <br />Estates are the original purchasers and the majority of the homes are not built on one side of the <br />lot. He stated that the developer takes advantage of the lots being less than one acre now, but <br />when he was selling the lots he had no problem indicating the lots as one acre. <br /> <br />Commissioner Nixt inquired if any of the residents had materials that they received when they <br />purchased their property from the developer. <br /> <br />Mr. Smith replied yes. <br /> <br />Jeff Durant, 5150 156t~ Lane NW, Ramsey, stated that he purchased his property directly from <br />Mr. Miller on a contract for deed and was given a brochure indicating that the property in <br />question would be developed into one acre lots and that the entire development would be <br />required to follow restrictive covenants. <br /> <br />Mr. Manuel stated that the residents were present opposing the rezoning because of what the <br />developer advertised and sold to them. Under the current Comprehensive Plan the developer <br />would be able to develop the property into one acre sewer lots. He also noted that the majority of <br />the homes in Reilley Estates were not constructed on only half of their property. <br /> <br />John Lichter, 15665 Juniper Ridge Drive NW, Ramsey, stated that he takes issue with the <br />developers history. He explained that he lived in Ramsey during this history and was on the Park <br />Commission and involved with the writing of the Charter. There was never any policy regarding <br />constructing homes on half of their one acre lot and the problem with sewer was that if it was <br />brought into the City with one acre lots they were looking at an assessment of $30,000. He <br />stated that the Commission should deny this request. <br /> <br />Curt Lugert, 15420 Ute Street NW, Ramsey, requested that the Commission use a little common <br />sense and not go from 2.5 acre lots to one acre lots to four houses per acre. <br /> <br />Motion by Commissioner Johnson, seconded by Commissioner Nixt, to close the public hearing. <br /> <br />Motion Carried. Voting Yes: Chairperson Anderson, Commissioners Johnson, Nixt, Dempsey, <br />Kociscak, and Reeve. Voting No: None. <br /> <br />The public hearing closed at 8:10 p.m. <br /> <br />Planning Commission/July 10, 2000 <br /> Page 5 of 20 <br /> <br /> <br />