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Lake Elmo Planning Commission Meeting Minutes: 11-28-2022 <br />3 <br /> <br />7. The applicant shall provide one additional off-street parking space for visitor parking as per Lake Elmo City <br />Code. <br />8. An encroachment agreement is required for fencing located in the required drainage and utility easements <br />prior to any construction activity. A fence permit is also required regardless of the location of the fencing. <br />9. If the applicant has not taken action toward starting the townhouse structure or if substantial construction has <br />not taken place within 12 months of the City’s approval of the conditional use permit, the CUP approval shall <br />become void. The applicant may request City Council approval of a time extension to start or implement the <br />conditional use permit. <br />PUBLIC COMMENT: <br />A public hearing notice was sent to surrounding property owners on November 16, 2022 and published in the <br />Stillwater Gazette on November 18, 2022. Staff has received three public comments, City Planner Hetzel read <br />responses from: <br />Urban Coffee – 349 Lake Elmo Ave N – emailed their full support of this CUP. <br />Jill Martin – 11002 Upper 33rd St N – provided comment to staff in opposition of the CUP. <br />Response from Susan Dunn - 11018 Upper 33rd Street N – was not read aloud, as she was in the audience <br />Applicant Henry Elgersma, with Upper 33rd LLC, spoke in regards to this project and answered questions. <br /> <br />Public hearing opened at 7:20 PM. <br />JoAnne Lawen – 11051 34th St N – is in opposition of the CUP due to community design and the existing density of <br />the community. <br />Elizabeth Everson – 11075 34th St N – posed the question regarding why the garages were in the back and who was <br />going to be managing the property, is there a maximum capacity per unit and would pets be allowed <br />Ann Bucheck – 2301 Legion Ave N – is in opposition of the CUP due to this building not conforming to the <br />Comprehensive Plan in many aspects. <br />Susan Dunn – 11018 Upper 33rd St N – is in opposition of the CUP due to parking, safety, water, impervious surface <br />area, snow removal, building size <br />Public hearing closed at 7:33 PM <br /> <br />M/S/P: Vrieze / Mueller moved to recommend approval of a conditional use permit to allow the construction of a <br />four unit townhome building at the properties described as Lots 10 and 11, Block 2, Subdivision of Lake Elmo Park <br />Vote: 4-0, motion carried unanimously. Vrieze stated that he is in support of this project as long as the applicant <br />abides by the conditions of approval provided by city staff, but does state that the parking spaces do need to be <br />addressed before final approval has been given. Mueller does have concerns regarding the parking and driveway <br />location but does think this is an appropriate building for this location and is in support of this project. Rehkamp is <br />concerned that this property will be sold to someone that will not manage and maintain it properly, the applicant did <br />a nice job of presenting a good plan that will help screen neighbors from the railroad noise. Steil is also in favor of <br />this project, as it does meet the city code, and the parking is in the back. <br /> <br />Public Hearing: <br />b) Final PUD Plan and Final Plat – Royal Golf Club at Lake Elmo 5th Addition. U.S. Home, LLC (Lennar) for approval <br />of a Final PUD Plan and Final Plat for 43 lots for single-family homes. There would be 46 lots remaining to be final <br />platted. <br /> <br />Director Just gave presentation and answered questions.