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HomeMy WebLinkAbout1976 04-28 City tables court-ordered plat THE REVIEW Parkwood Knolls J Citytables court-ordered plat by Scott Carlson Without a moratorium in the area the Councilman John Greavu, although going back to the court since the Mm- Issuance of a court-ordered plat in the development of overlay zoning would be agreeing to table the matter, seemed nesota Supreme Court decision on south end of Maplewood has been tabled impractical and impossible for the staff to somewhat reluctant to delay the plat any building moratoriums. by the city council, accomplish,City Manager Michael Miller longer."After all the trouble we put this The council's tabling of the Parkwood indicated. man through in court and now we are "We have been trying to do something Knolls subdivision last Thursday paves The particular area where the plat going back to court,"Greavu said. to control land use and because we the way for the city staff and City would be located in Maplewood has a But Mayor Robert Bruton indicated haven't reached an agreement doesn't Attorney Donald Lais to find out from the rolling, rough terrain and is heavily that there may be justifiable grounds for mean we haven't tried," he concluded. district court judge,who issued the order, wooded. whether a recent Minnesota Supreme In tabling the matter,the council was Court decision on moratoriums would informed that Lais expects to know by affect his opinion now. May 13 whether the city will decide to Lais reported that the recent court have the court review its decision or action allows cities the right to hold whether the plat should be issued im- building moratoriums for reasonable mediately. periods of time when there is possible Jack Dielentheis, president of Dawn rezoning in the area. Development,said,"I am dismayed that And he indicated that due to this you want to delay this." development the district court judge, Jerome Plunkett,might decide that the He pointed out that the plat conforms to plat should not be issued to the Parkwood city ordinance. "We have worked with Knolls property, which would be staff to make this plat conform to or- developed by Dawn Development dinance which to the best of my Company. knowledge has happened,"he said. Under court procedures the city has Asked by councilman Norman six months from the time of January, Anderson,at one point,whether the plat when the court ordered the plat,to ask the has changed,Dielentheis said,"No,not judge to review the case.A direct appeal since the court ordered approved plat had to be made within 30 days. except to the extent that there is a mutual Maplewood had earlier refused to issue agreement based on the advice of the city the plat on grounds that it wanted to attorney in those areas where we were control the development in the area until able to cooperate with the city and make it had developed some rezone plans. slight changes."