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<br />( (' 'D(){i <br />fa) Ig/ (J0 <br />11e;1Z ~. (l <br />150 SOUTH FIFTH STREET SUITE 2300 <br />MINNEAPOLIS, MINNESOTA 55402 <br />612-335-1500 MAIN <br />612-335-1657 FAX <br /> <br /> <br />LEONARD <br />STREET <br />AND <br />DEINARD <br />December 18, 2006 <br /> <br />Timothy J. Keane <br />(612) 335-7192 <br />tim.keane@leonard.com <br /> <br />Mayor Stephanie Klinzing <br />and Members of the City Council <br />City of Elk River <br />13065 Orono Parkway <br />Elk River, MN 55330-5600 <br /> <br />Re: Cranberry Ridge <br /> <br />Dear Mayor Klinzing and Members ofthe City Council: <br /> <br />This letter is offered on behalf of our client, Jeff Werner, in his application for preliminary plat <br />approval of Cranberry Ridge located east of Quincy Street (County Road 33) and south of <br />Birchview Addition (the "Property"). The preliminary plat consists of the platting of 16 single <br />family residential lots each in excess of 2.5 acres (the "Project"). The Project area is zoned RIa, <br />Rural Residential, consists of approximately 54 acres with a minimum frontage of 180 feet and a <br />minimum area of2.5 acres. <br /> <br />Staff has recommended denial due to lack of conformity with the Elk River Comprehensive Plan <br />and the City Subdivision Code. <br /> <br />Comprehensive Plan. The property is designated Rural Residential in the Elk River <br />Comprehensive Plan. Staff suggests the Project be done as an Open Space Preservation plat so <br />that the Project could further the very generalized goal stated within the Comprehensive Plan to <br />"preserve and maintain the environment". Further, the Comprehensive Plan land use policy <br />number 12 provides "encourage "cluster developments" in rural areas." While such subjective <br />goals articulated within the Comprehensive Plan are appropriate aspirations by which to measure <br />overall development policies and tools, they cannot in and of themselves establish the basis for <br />denial for lack of Comprehensive Plan consistency based upon vague value judgment by staff. <br />Particularized facts are required to substantiate a finding of lack of plan consistency. Those <br />particularized facts have not been articulated by staff because they are not present with the <br />current project. <br /> <br />Jeff has gone well beyond what is required in the Elk River Code of Ordinances to address staff <br />concerns relating to preservation of trees. The City does not have a tree ordinance. Nonetheless, <br />at great expense, the applicant has prepared a detailed tree inventory. The applicant obviously <br />has a very keen interest in preserving as many as possible of the mature, quality trees. The trees <br />are a key asset to the value of the Property. <br /> <br />LAW OFFICES IN MINNEAPOLIS. MANKATO . ST. CLOUD. WASHINGTON, D.C. <br /> <br />A Professional Association <br />WWW.LEONARD.COM <br /> <br />3630602.1 <br />