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f February 17, 1977 Honorable Mayor and City Council City Hall New Brighton, Minnesota 55112 Re: Proposed Findings of Fact on PL -109 (Brightwood Hills) Gentlemen: The following are Answers to proposed Findings of Fact on PL -109 (Brightwood Hills) submitted by the Planning Commission February 15, 1977. The applicant feels that certain obvious inaccuracies in the Findings should be clarified. 1. Reference is to proposed rather than existing compre- hensive plan, land use section. Applicant does not object.to referral for consideration of acquisition provided that continued attention be devoted to technical engineering or similar problems which may appear or be discovered concerning the plat. 2. Proposed Findings refer to comprehensive plan not in existence. The soil conservation service cautions against,the effects of poor building practice rather than condemning,>categorically the wetland fringe areas. The service is not yet empowered to dictate to the City or its officials who are closer to the scene. So it advocates preservation of lot 38,' block 1, and backlots of lots 4, 5 and 6, block 2 and the road.fronting thereon and limits itself to that. It correctly alerts builders and future site owners to problems they may encounter in building upon the other sites, leaving it up to the discretion of responsible builders, experienced in soil conditions in this area to determine and meet any problems encountered on the proposed sites. 3. The offending intersection of 17A Street and Silver Lake Road originally proposed to coincide with the existing cut in Silver Lake Road, was moved only to satisfy the Planning Commission's objection of 1974 as to butt lots in that area. Developer has agreed to eliminate Lot 51 providing a curved street to meet 17A Street and circumventing the wooded hill which confronts the intersection of 17A Street and Silver Lake Road. No application for variance is anticipated.