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Community Development Director Trudgeon asked how the Planning Commission would handle <br />a scenario where the owner had forty acres, and was developing twenty acres and keeping twenty <br />acres for their home. <br /> <br />Vice Chairperson Johnson stated that if they were using all forty acres for development, they <br />could not keep twenty acres for one lot. <br /> <br />Community Development Director Trudgeon stated that the question is if this is creating new <br />lots. He indicated that the argument is that these lots exist, they just are not going to be quite as <br />they were. <br /> <br />Commissioner Van Scoy indicated that the other question is if this is one development or two. <br /> <br />Vice Chairperson Johnson stated it is two development sharing a common septic system. <br /> <br />Commissioner Van Scoy stated he can see the rationale, but is not sure it fits the ordinance. <br /> <br />Commissioner Brauer stated that the ordinance says there has to be a common septic system. <br /> <br />Vice Chairperson Johnson added that he is not sure it says specifically that there has to be one for <br />each development. <br /> <br />The Plarming Commission had further discussion on the requirements and the guidelines of the <br />ordinance. <br /> <br />Comn~issioner Van Scoy asked who has responsibility for possible septic failure. <br /> <br />Community Development Director Trudgeon stated that there is escrow, and it would be the <br />responsibility of the management company. He indicated that if they have not been collecting <br />dues properly they would be writing a big check. He stated that Connexus Energy is one <br />company that does this. <br /> <br />Motion by Vice Chairperson Johnson, seconded by Commissioner Shepherd to recommend that <br />the City Council grant approval of preliminary plat request for Kelly Acres, contingent upon <br />compliance with the City Staff Review letter dated February 28, 2006, and the following <br />additional contingencies: <br />,, Approval from MPCA on the common septic system. <br />· Resolution of the lot size issues for the existing home. <br />· Completion of the traffic study. <br />· Reconsideration by the City Council of the cluster ordinance. <br /> <br />Commissioner Brauer indicated that in terms of the existing ordinance, he does not see the same <br />issues as the last case. He stated that as much as he opposes the density, under the Planning <br />Commission's charge he believes they almost have to recommend approval. <br /> <br />Planning Commission/March 2, 2006 <br /> Page 25 of 31 <br /> -39- <br /> <br /> <br />