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<br />Approved <br />Baker inquired why the City has decided to use an ordinance amendment instead of a <br />variance regarding the setbacks. Fernelius replied that a variance requires a proof of <br />hardship, which would cause difficulties later. An ordinance addresses the variations in <br />the proposal with out having to prove a hardship case. Schiferl asked if changing the 60 <br />foot setback would have an impact on future developments. Fernelius replied that the <br />changes in the ordinance would apply to developments that are forty acres or more in <br />size, essentially the North West Quadrant. Baker questioned if the private roads would <br />have an easement to allow access to the regional park. Fernelius replied that the roads <br />will have easements for utilities and within those easements will be the private roads, <br />which the home owners association would maintain. Baker stated that he thought that <br />there would be three park trail entrances that would be useable by the public. Fernelius <br />replied that there will be easements for the trail system. Schiferl inquired if the private <br />roads will be accessible to the general public. Fernelius replied that while the roads will <br />be owned by the association, they will be open to the general public to use. <br /> <br />th <br />Gundlach reported the findings of several questions that were raised at the January 17 <br />meeting. <br /> <br />Sharon Doffing, City Council Member, addressed the Commission thanking them for the <br />time and effort that they have already put into this development and encouraged them to <br />ask all the questions that they feel they need to have answered. <br /> <br />Theresa Greenfield, Director of Land Development of Rottlund Homes, approached the <br />Commission to answer their questions. Baker asked her to clarify the easement for <br />residents of the development and the surrounding area. Greenfield stated that during <br />discussions with staff they want all of the roads to remain public and not be privately <br />held, because the home owner association will be taking care of all the green space. By <br />adding the roads as private, the cost will increase the amount that is requested for home <br />owners due’s. Because the market is competitive regarding town homes, there is a <br />chance, that because the dues will be higher in this development, that people may go <br />elsewhere. The greenway and the trails would be publicly held and would be open to use <br />by the whole community. Baker asked if there would be easements for the trail and park <br />use. Greenfield answered that has not been decided, and that they still need to have a <br />discussion with the City regarding what is public and what is private. Fernelius stated <br />that there are really two questions regarding the trail easements. The first is will the trail <br />area be platted as a public right away or as an easement and secondly who becomes <br />responsible for maintenance of the trail area. Staff’s understanding is that except for the <br />main ring road, the balance of the site would be treated as private, due to maintenance <br />issues. Zisla asked if the issue was snow plowing or if it is a higher issue of maintenance, <br />and why that burden would be put on these home owners when in a majority of the city <br />it’s not an issue. Fernelius replied that Les Proper, Director of Public Works, would be <br />able to answer the question regarding the extent of maintenance more fully, however, the <br />city is approaching the roads in Northwest Quadrant just as they have for other town <br />home developments. O’Keefe stated that there are several communities in the area that <br />I:\COMMISSIONS\PLANNING\Minutes\2006\1-31-2006 Special meeting regarding NWQ.doc <br /> <br />