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1 <br /> •2C C ' FRIDAY,JUNE 9, 1995- SAINT PAUL PIONEER PRESS <br /> SUBURBAN EDITOR: Les Suzukamo <br /> PHONE: 228-5475 SUB <br /> FAX: (612) 228-5500 �BB� <br /> MARINE ON ST.CROIX <br /> r o ix developerMari•ne on St. C o <br /> ` ' <br /> .not exempt fro clusterng <br /> plan <br /> JIM BROEDE STAFF WRITER posed subdividing his 175-acre resorting to clustering "because <br /> tract into 32 five-acre lots. they want no development at all." <br /> A <br /> But Judge J.E. Cass ruled Tues- Knaak questioned whether any <br /> housing developer wants to day that the city acted properly in developer will find clustering in <br /> do things the old way in Marine on denying Edmundson's plat if for Marine on St. Croix acceptable, <br /> St. Croix. no other reason than it failed to because they must give up half of <br /> But he may have to settle for meet the requirements of the old their land in order to develop. <br /> the controversial new way — clus- zoning ordinance. "The developer isn't even al- <br /> tering new homes on half of his Edmundson still has the option lowed to retain ownership of the <br /> property and leaving the remain- of platting under the new rules. land that remains open," he said. <br /> der of the land as permanent open "Actually, he would be allowed "It's supposed to be given to a <br /> space — because of a Washington 35 homes — three more than un- homeowners' association, to an in- <br /> County District Court decision. der the old ordinance," Mayor dependent trust or to a public <br /> In January, the city of 602 resi- Greg Ludvigsen said. "But he agency such as the DNR." <br /> dents became the first community would have to cluster those homes Knaak said that mayconstitute <br /> in Minnesota to make clustering on half of the property." an illegal taking of lad without <br /> mandatory in all new single-fami- City officials tout clustering as compensation to the owner. <br /> ly home subdivisions. a way to preserve the city's spe- Edmundson could appeal the <br /> Deyeloper Blaine Edmundson, cial charm and rural character. District Court decision or file an- <br /> however, claimed in a lawsuit that Also, they say it's the most effi- other lawsuit that directly chal- <br /> he got in under the wire by sub- cient, economical way to grow be- lenges the legality of the cluster <br /> mitting a plat before the new cause it results in fewer streets <br /> rules were adopted. and condensed service areas for ordinance. <br /> So he said the city was obligated 'street maintenance and police. "We haven't decided what to do <br /> to approve his development with- Edmundson's attorney, Fritz next," Knaak said. "We'll weigh <br /> out requiring clustering. He pro- Knaak, accused city officials of all our options." <br /> • <br />