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INFORMATION #1 07-28-2003
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INFORMATION #1 07-28-2003
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clear cut and graded." <br />record that was before <br />preliminary plat. <br /> <br />that Minn. Stat. § 15.99 does not operate to automatically approve Tollefson's rezoning <br />request, then the city's decision to deny Tollefson's preliminary plat is supported by the <br />record. <br /> <br /> We further note that the city made a number of additional findings to support its <br />decision, which included the plat's noncompliance with the subdivision ordinance <br />because (1) it fails to "make adequate provision for storm drainage"; (2) "the type and <br />density 0f this development is not suitable given the extent of the wetlands, drainage [of] <br />surrounding properties, wooded acreage, and topog-raphy"; and (3) "the proposed <br />subdivision will cause substantial environmental damage in that the entire site will be <br />Tollefson argues that these findings are not supported by the <br />the city council on August 19, 2002, when it denied the <br /> <br /> Admittedly, the record contains a letter from city engineer Terry Maurer, dated <br />August 13, 2002, almost one week prior to the council meeting, which states that "[als of <br />today's date, we have not received any revised grading plan from the developer through <br />his engineer" and that "we are not prepared to make a recommendation to approve the <br />preliminary plat since we have been unable to review the ~ading and drainage plan." <br />But the record also contains a subsequent affidavit from Maurer, dated November 22, <br />2002, in which he states that on August 19, Tollefson submitted an engineering report to <br />the city that revealed "overall poor soil conditions which will require substantial <br />correction for the construction of building sites and roadways." Maurer further states that <br /> <br />10 <br /> <br /> <br />
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