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RESOLUTION 91-34 A RESOLUTION OPPOSING THE DETACHMENT OF 93 ACRES KNOWN AS OUT LOT A LAKE ELMO HEIGHTS 2ND ADDITION FROM LAKE ELMO AND ITS CONCURRENT ANNEXATION TO THE CITY OF OAKDALE WHEREAS, The City of Lake Elmo, Washington County, Minnesota is a statutory city existing and authorized pursuant to the laws of the State of Minnesota; and WHEREAS, Lake Elmo Heights Limited Partnership, the owners of Out Lot A Lake Elmo Heights 2nd Addition submitted a petition to the Minnesota Municipal Board for detachment of Out Lot A from the City of Lake Elmo with a concurrent annexation to the City of Oakdale, pursuant to Minnesota Statutes 414.061 Subdivision 5, identified by the Municipal Board as Case No. D-277 Lake Elmo/A-4909 Oakdale, Lake Elmo Petition, 93 acres; and WHEREAS, the following chronology of events resulted in the creation of Out Lot A, Lake Elmo Heights, 2nd Addition: 1. On January 7, 1985, Don Bishop/Clapp/Thomssen Co., Et. Al made application to the City of Lake Elmo for a rezoning of 79 acres of land from Rural Residential (minimum 10 acre lot size) to R1 ( minimum 1-1/2 acre lot size). The application for rezoning was denied by the City council on March 19, 1985. The applicant did not appeal the City's denial of his rezoning request. Although the City Council denied the rezoning request on March 19, 1985, it did give preliminary concept approval for a cluster development of the entire 145 acres consistent with the City's standards for a Rural Residential cluster development. The cluster development standards in the Rural Residential zoning district permitted a density of 7 lots per 40 acres of land which allowed for 25 lots on the applicants 145 acres. If the applicant would have developed under the Rural Residential development standards without clustering, he would have been limited to 14 lots on this property, based on the 1 lot per ten acre minimum lot size in the Rural Residential zoning district.