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John Osborne, Osborne Builders, stated that he is the builder that has been reference concerning <br />the liens. He indicated that the work is not done yet, noting that one thing that is not done is the <br />stain on the decks, which cannot be done in the winter. He stated that it is not uncommon to file <br />a lien until the amounts are fully paid. <br /> <br />Keith Johnson, 16880 Wolverine Court, indicated that his property does not have transition. He <br />stated that he has 650 feet of frontage, and will have a lot of new neighbors. He asked if the <br />future lots are grandfathered even if the cluster ordinance is changed. <br /> <br />Community Development Director Trudgeon indicated that they are not, and any future <br />development will need to abide by the ordinance at that time. He stated that the remainder of the <br />lots is only a concept now. <br /> <br />Mr. Johnson asked how the Planning Commission could make a recommendation if the traffic <br />has not been done. <br /> <br />Vice Chairperson Johnson stated that the key is for it to be done before it gets to the City <br />Council. <br /> <br />Mr. Johnson asked if the cluster ordinance is changed before sewer and water comes in, is this <br />property grandfathered in any way. <br /> <br />Community Development Director Trudgeon stated that they probably need a strong legal <br />opinion, but he would think that the property would not be able to further develop because the <br />devel6'pment rights would have been used. He indicated that he really does not know without <br />input from the City Attorney. <br /> <br />Mr. Johnson indicated that he moved about four years ago from Brooklyn Park because he was <br />looking for that rural feel, and he would choose that it stays that way. <br /> <br />Motion by Commissioner Levine, seconded by Commissioner Shepherd to close the public <br />heatings for Case g4 and Case #5 at 11:05 p.m. <br /> <br />Motion Carried. Voting Yes: Vice Chairperson Johnson, Commissioners Levine, Shepherd, <br />Brauer, Cleveland, and Van Scoy. Voting No: None. Absent: Chairperson Nixt. <br /> <br />Commission Input <br /> <br />Commissioner Van Scoy asked how they could apply the ordinance consistently. He stated that <br />one concern he had with the ordinance when this started is the restriction they were putting on <br />landowners. He indicated that if they are now saying this developer can have a lot over 32,000 <br />square feet, it does not seem to follow the ordinance. He asked if they needed a variance or <br />something. <br /> <br /> Planning Commission/March 2, 2006 <br /> Page 24 of 31 <br />-38- <br /> <br /> <br />