WALKER -- The Committee for the Preservation of Kenfield Bay, Joseph T. Green and Trudi J. Anderson are the latest in a series of Cass County residents to object in Cass County District Court to a Cass County Planning Commission approved plat.
Tony P. Trimble and Matthew W. Haapolja, Minneapolis attorneys, had their court petition on behalf of the Committee for the Preservation of Kenfield Bay served on the county Oct. 13, claiming Kenfield Pines plat that Prisom Ventures LLC of Inver Grove Heights proposes violates the county zoning ordinance.
Kenfield Bay is a small, southernmost area of water on Ten Mile Lake, northwest of Hackensack. The proposed planned unit development plat lies on 9.7 acres abutting Lower Ten Mile Lake Road and 300 feet of lakeshore.
There currently are 15 residences on the bay, each of which have 100 or more feet of shoreline. Density on the bay would increase 50 percent. The eight-residence planned unit development would provide only 37.5 shoreline feet per unit, which the petitioners claim should have led the planning commission to require an environmental assessment worksheet.
The planning commission approved a Kenfield Pines preliminary plat Sept. 28 without an EAW.
The county land use ordinance stipulates a planned development should "not create an excessive burden on parks, schools, streets and other public facilities." The court petition maintains Kenfield Bay, as a public facility, would suffer from increased personal and watercraft use.
They maintain the planning commission violated the ordinance by permitting eight boat slips, when the ordinance allows only one slip for each unit in the fist tier. In this case that would be four, not eight, the petitioners maintain.
They also maintain the planning commission violated the ordinance by permitting housing units of 1,060 to 1,250 square feet when the ordinance states planned unit development minimum unit size is 1,500 square feet.
"If the tier one units are expanded in size to comply with the 1,500 minimum square foot requirement, the development will not meet the permissible 'suitable' area based building footprint percentage density calculations for the development," the court petition further maintains.
It calls for the planning commission to revoke its preliminary plat approval for Kenfield Pines.
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