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is no mention that the applicant should not continue because they will not receive a variance. He <br />questioned what the options are to work with this, as he has invested $120,000. <br /> <br />Community Development Director Trudgeon noted the Council has expressed that if the <br />secondary access is included as part of this plat, it would make the decision much different. As <br />the Staff Review Letter states there are some small concerns to be addressed, but the other <br />requirements seem to meet code. As the applicant was informed in September, if there were to <br />be a secondary access it would eliminate the public safety concern, and the variance would not <br />be needed. <br /> <br />Mayor Gamec states his feeling is if there were to be a secondary access this plat would be <br />approved. He stressed that the applicant should work with the adjacent owner to obtain the <br />access. <br /> <br />Councilmember Olson noted the applicant could apply for a hardship case. <br /> <br />City Attorney Goodrich advised the hardship case would need to be considered separately from <br />this consideration tonight. <br /> <br />Mayor Gamec inquired about the possibility of the plat being approved contingent on the <br />secondary access being acquired. <br /> <br />City Attorney Goodrich advised this would bring different legal issues into play. <br /> <br />Motion by Councilmember Jeffrey, seconded by Councilmember Olson, to adopt Resolution <br />#06-05-149 adopting Findings of Fact #0763 relating to a request from Ron Tallman to appeal <br />the Board of Adjustment's decision. <br /> <br />Motion carded. Voting Yes: Mayor Gamec, Councilmembers Jeffrey, Olson, Cook, Elvig, <br />Pearson, and Strommen. Voting No: None. <br /> <br />Motion by Councilmember Jeffrey, seconded by Councilmember Pearson, to adopt Resolution <br />#06-05-150 to uphold the Board of Adjustment's decision and deny the request from Ron <br />Tallman to appeal the Board of Adjustment's decision based on the findings of fact. <br /> <br />Motion carded. Voting Yes: Mayor Gamec, Councilmembers Jeffrey, Pearson, Cook, Elvig, <br />Olson, and Stromrnen. Voting No: None. <br /> <br />Case #6: Request for Preliminary Plat of Wild Oaks of Ramsey; Case of Ron Tallman <br /> <br />Councilmember Elvig noted the previous application for Shade Tree Creek included a discussion <br />of density because of the density transition to the adjacent neighborhood. This site is an island, <br />and is not adjacent to another neighborhood. It looks reasonable as far as the particulars of a <br />cluster development; however, it does have the problem with the access. <br /> <br />City Council / May 9, 2006 <br />Page 14 of 30 <br /> <br /> <br />