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• <br />AGENDA ITEM V. A <br />STAFF ORIGINATOR: Jeff Smyser <br />P & Z MEETING DATE: December 10, 2003 <br />TOPIC: PUBLIC HEARING: Preliminary Plat <br />CONTINUED PUBLIC HEARING: Conditional Use Permit <br />For A Church In the Rural Zoning District <br />Eagle Brook Church <br />BACKGROUND <br />The P & Z opened the public hearing on the conditional use permit application at the November <br />meeting. That public hearing was continued. A number of issues remain unanswered, one of <br />which was the existing house on the site. In the interim, the church has submitted an application <br />for a preliminary plat to create a separate lot to allow the house to remain. A preliminary plat <br />requires a public hearing. New notices were published and mailed. We can now combine the <br />public hearings for the conditional use permit and the preliminary plat. <br />The November staff report also called for additional information on the stormwater design and <br />roadway improvements. Public comments at the hearing resulted in requests for further <br />information on several specific issues. Specific issues discussed here update the information in <br />the November 12 staff report, which is attached. <br />Representatives of the church met with residents on Tuesday, December 2nd. Staff learned of <br />this meeting the following day. The discussion covered several issues. New plan submittals <br />should address design changes agreed to at the meeting. <br />ANALYSIS <br />Preliminary Plat <br />Lots: The church proposes to create separate lots for the new church building and the existing <br />house. Since the house exists, the subdivision is actually creating a separate lot for the church. <br />Under the subdivision ordinance, the creation of a new non - residential lot requires a plat rather <br />than a minor subdivision. <br />Normally, the Rural zoning district requires a minimum lot size of ten acres. However, the <br />zoning ordinance allows a smaller lot when an existing house is on a large parcel. The lot width <br />can then be less than the normal 330'. Section 3, Subd. 3.B.2. of the zoning ordinance states: <br />• Where there exists a habitable single family home constructed prior to July 13, 1992, a <br />lot of a minimum of one (1) acre may be created provided that: <br />