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7 <br /> <br />permit, the CUP approval shall become void. The applicant may request City Council approval <br />of a time extension to start or implement the conditional use permit. <br /> <br />PUBLIC COMMENT: <br />A public hearing notice was sent to surrounding property owners on November 16, 2022 and <br />published in the Stillwater Gazette on November 18, 2022. Public Comment is as follows, staff <br />received one comment in favor and five in opposition of the project. Below are the public <br />comments and how they have been addressed: <br />Urban Coffee – 349 Lake Elmo Ave N – emailed their full support of this CUP. <br /> <br />Jill Martin – 11002 Upper 33rd St N – provided comment to staff in opposition of the CUP. <br /> <br />JoAnne Lawen – 11051 34th St N – is in opposition of the CUP due to community design and <br />the existing density of the community. The applicant has revised the plans to reduce building <br />height and create comparable architecture to the surrounding area. Density meets requirement. <br /> <br />Elizabeth Everson – 11075 34th St N – posed the question regarding why the garages were in the <br />back and who was going to be managing the property, is there a maximum capacity per unit and <br />would pets be allowed. Applicant revised plans to bring garages to the front. Stated property <br />would be managed by a third party. Capacity and pets are not a part of the CUP review process. <br /> <br />Ann Bucheck – 2301 Legion Ave N – is in opposition of the CUP due to this building not <br />conforming to the Comprehensive Plan in many aspects. The proposal meets the 2040 <br />Comprehensive Plan requirements. <br /> <br />Susan Dunn – 11018 Upper 33rd St N – is in opposition of the CUP due to parking, safety, <br />water, impervious surface area, snow removal, building size. The applicant has moved the <br />garages to the front and added visitor parking on site. The impervious surface has been reduced <br />with smaller driveways and snow removal would follow suit with surrounding properties. The <br />building size is compliant for the district. <br /> <br />PLANNING COMMISION RECCOMENDATION: <br />The Planning Commission voted to recommend approval of the proposed project at the 11-28- <br />2022 meeting Vote: 4-0. <br /> <br />OPTIONS: <br />The City Council may: <br />• Approve the requests. <br />• Approve of the requests with conditions. <br />• Deny the requests, citing findings of fact for denial. <br /> <br />RECOMMENDATION: <br />Staff recommends that the City Council approve of the conditional use permit amendment to <br />construct a four unit townhome building. <br /> <br />“Motion to approve a conditional use permit to allow the construction of a four unit townhome <br />building at the properties described as Lots 10 and 11, Block 2, Subdivision of Lake Elmo Park.” <br />