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Meilahn stated there is a speeding problem on 23rd Avenue. Meilahn stated that getting the license numbers of the speeders was difficult. The Police Department does not have the manpower to monitor the speeders. A stop light at Rice Creek Road and Silver Lake Road might be helpful. . Motion by Baker, seconded by Schiferl, 7 Ayes - 0 Nays. Motion Carried. TO CLOSE THE PUBLIC HEARING Baker said he was not in favor of the sidewalk from Silver Lake Road to the cul-de-sac. Several other commissioners expressed agreement with Baker. Baker stated he wanted to answer the comments made about wetlands this evening. The proposed development does not require DNR approval. The drainage plan appears to improve the current drainage for the homes to the north. The culvert the City Engineer is requesting on Lot 1 should improve drainage problems. Concerning traffic, this site is 5 acres and is bound to generate traffic. It is an overstatement to say that nine homes would generate a great amount of traffic. Schiferl stated that everyone in New Brighton probably has concerns about traffic speed. However, Schiferl said traffic was not a land use issue. Ninety additional vehicle trips are not a major addition to the traffic. Just because people flagrantly violate traffic laws, the Commission cannot base its decision on traffic problems. Baker stated he did not oppose the variance. The proposed development is better using a variance than the other concept we saw. The development could be done with a private street and a variance would not be needed. A public street with a variance is the best choice. Schiferl said he had a problem with Baker’s statement. Schiferl said the developer wanted nine lots instead of eight for economic reasons. From a technical reading of the variance rules, economic hardship is not allowable. Schiferl said he was not convinced this would be an appropriate use of a variance. Eight lots may not be viable from an economic standpoint, but from a land use standpoint it is more viable. Zisla stated that, according to the ordinance, economic hardship alone is not sufficient. The standard is lower than what we have here. That is, if strict interpretation prevents a property owner from making any reasonable use of his property, a variance should be granted. Zisla said this was a reasonable use. Uniqueness would seem to qualify here also because of the slopes and the water on the property. The variance would be on the street frontage, but the lot itself is odd-shaped and fairly wide. Therefore, there is more here than just an economic consideration. If the developer does not have the variance, a large chunk of the property would be unusable. Zisla stated he thought the argument Teague made about the trees is very important. Zisla said that, if there is a variance, using an aggressive approach to preserving trees is essential. Zisla said he found it disturbing that the issue has not be dealt with directly. Beach’s statement about clearing the site was disturbing. However, the variance complies with the standard. Baker asked Beach for clarification off his statement about clearing. Beach said he referred to the thick vegetation on the site. The vegetation is the short stuff on the property. Baker asked about the trees on Lot 9. Beach responded he would shift the house on Lot 9 to the west to save the trees. Beach said he wanted to save the trees. Beach stated the trees make the lots more valuable. Beach said he had a development in Blaine, which has used an aggressive tree preservation program. Beach said he had preserved trees in the past and would do so on this site. Beach said he simply wanted to be up front about the vegetation. The vegetation has to go. Zisla asked about vegetation. Zisla understood vegetation was the trees. Beach answered that he would save as many trees as possible. Zisla said, “as many as possible” could be one tree. Beach responded that if the trees are in the proposed road, we could not save them. Teague stated that Condition #3 under the approval conditions specifies submittal of a Tree Identification Plan as part of the Final Plat application. The Tree Identification Plan would identify the significant trees. O’Brien asked if they could make any modifications on the Silver Lake side to redraw the slope area. Beach responded he could do that with the help of John Rengo and the City Engineer. Beach said a berm between I:\COMMISSIONS\PLANNING\MINUTES\1998\06-16-98.WPD 8