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CommuNrrYGRowm <br /> N S T I T U T E <br /> MEMORANDUM <br /> Date: August 3, 2005 <br /> To: Pequot Lakes Mayor& City Council <br /> CC: Sandy Peine, City Clerk <br /> Planning Commission <br /> Paul Sandelin, City Attorney <br /> Steve Qualley,Representative of Earl Hemmrich <br /> From: Brian Schaffer and Charles Marohn <br /> Community Growth Institute <br /> Re: Questions regarding Preliminary Plat Process <br /> City of Pequot Lakes <br /> During last night's City Council meeting a question regarding the legal stance of the City to deny <br /> the Preliminary Plat of Island Vista presented by Earl Hemmerich based on the quality of North <br /> Sluetter Road,the road used to access the proposed preliminary plat. The following is offered to <br /> help clarify the answer. <br /> It is our opinion that the City does not have the right to deny this plat based on the quality of the <br /> existing public right-of-way that provides access to the property. <br /> During the process of preparing the Comprehensive Plan, participants discussed this situation in <br /> hypothetical; on roads where the roadway was not improved to an acceptable standard,would the <br /> city downzone the property to limit development or would the city accept the responsibility of <br /> improving the roadway once the development happened. Where this was discussed, planning <br /> participants felt that it was not the property owner's fault(or thereby responsibility) but that the <br /> burden fell to the City to properly maintain the road. The property owner should not be <br /> "penalized"(down-zoned)because the roadway is substandard. <br /> The City has established a zone for this property, and by doing so has determined what the <br /> acceptable development density is. While there is little disagreement that North Slueter Road is <br /> not prepared to handle the level of traffic associated with Mr. Hemmrich's plat, neither has there <br /> been an appetite by City officials to limit the ability of a property owner to develop this or other <br /> similar properties within the City. The City's approach is not wrong, but it does have <br /> consequences for public expenditures. <br /> �.. The Comprehensive Plan, on page 73, contains a mechanism for addressing this situation; as a <br /> short-term action is recommends adoption of an assessment policy for road improvements. As <br /> 14084 Baxter Drive, Suite 7 <br /> Baxter, MN 56425 <br /> l71R1 R7R_Rf AA <br />