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Planning Commission Minutes June 25, 2002 Page 5 e home. He felt the plat should have to more than 5 lots to give the wetland "breathing space" . Chair Pederson asked if it would be possible to shift the driveway to the south. Mr. Harlicker stated that driveways can be located up to 5 feet from the property lines. Commissioner Mesich stated he was concerned that the secondary septic location would have to be utilized. Mr. Campion stated that the septic locations or conceptual, and that there is no reason to believe that the primary septic site is any better than the secondary site. Curt Werner, 20575 Quincy Street, stated that he was concerned that a great deal of wetland would be impacted in order to access his property from the east. Brian Eggert, 20897 Quincy Street, was concerned with the number of septic systems in the wetland area. He felt even a mound system would impact the wetland, due to the number of homes being proposed. Commissioner Baker stated he was concerned with the number of lots being proposed. He stated that he does not see a compelling reason to deviate from the City's ordinance and would support limiting the plat to five lots. e Commissioner Mesich expressed his concern that potential development will add to the already dangerous situation on County Road 33. He stated that since this highway is proposed to be a major east-west corridor, the sharp curves will likely need to be taken out and will affect future development. He stated he could not support six lots, but he felt that. the Commission had no reason to deny the plat. He stated that if there were only five lots, the cul-de-sac could be shortened up and more driveway space would be available for Lot 6. Commissioner Franz stated he could support five, or even four lots. He stated that he concurred with Commissioner Mesich's comments. Commissioner Anderson also concurred with the Commissioner's comments. He stated that he could support four lots. He felt the property lines should be somewhat symmetrical. and was concerned how a driveway would be placed on Lot 4. He did not support accepting a lot that did not meet the City's standards. He felt the county road was not the City's issue. Commissioner Ropp's stated he felt Lot 4 was oddly-shaped and should be reworked. He stated he could support 5 lots, but would prefer only 4 lots. Commissioner Baker asked if eliminating Lot 4 which does meet the ordinance would be considered a taking. e City Attorney Charlie Wilson explained that generally, a property owner has the right to proceed with development of his property as long as it conforms with City's ordinances. The Commission is not free to "second guess" what is in the ordinance and impose additional standards. If there is anything about a particular lot or overall plat that does not meet the ordinance, the Commission can deny it. Commissioner asked if denying a plat when it meets the ordinance would be considered a taking. Mr. Wilson explained that a taking means that all possible use of the land is taken away from a property owner and compensation is required. Wrongfully denying a plat would result in some other form of legal action.