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2. On July 2, 1985, Don Bishop/Clapp/Thomssen Co. made <br />application to the City of Lake Elmo for preliminary <br />plat approval of 11 (Phase I) of the 25 lots that would <br />be allowed in the cluster development. At the same <br />time, applicant requested variances for three lots that <br />exceeded the 2.0 acre maximum lot size allowed in the <br />Rural Residential cluster development standards. <br />3. At its August 12, 1985 meeting, the Planning <br />Commission made two recommendations to the Lake Elmo <br />City Council: (1) That the City Council approve the <br />preliminary plat and final plat for 11 lots in Phase I, <br />Lake Elmo Heights; and (2) That the City Council <br />approve variances allowing lots 1, 4 and 5 to be <br />greater than 2 acres in size. <br />4. On August 20, 1985, the Lake Elmo City Council <br />voted unanimously to grant preliminary plat approval <br />for Lake Elmo Heights Phase I, contingent upon permits <br />being issued by the Valley Branch Watershed District, <br />and the Washington County Highway Department. <br />5. On September 17, 1985, the Lake Elmo City Council <br />granted lot size variances for Lots 1, 4 and 5 of Lake <br />Elmo Heights. These variances allowed for the three <br />lots to exceed the 2 acre minimum standard set forth in <br />the Rural Residential Cluster Standards of the Lake <br />Elmo Municipal Code. <br />6. On March 24, 1986, the Lake Elmo City Council <br />approved, by Resolution 86-22, the final plat for Lake <br />Elmo Heights, a cluster development of 11 lots in the <br />Rural Residential zoning district. <br />7. On July 15, 1986, E. Don Bishop, president of Lake <br />Elmo Heights, entered into a developers agreement with <br />the City of Lake Elmo for Lake Elmo Heights. <br />8. On November 16, 1986 the City Council changed the <br />development standards for clustering in the Rural <br />Residential zoning district. The new standards allowed <br />clustering at 4 lots per 40 acres with a minimum lot <br />size of 5 acres and maximum lot size of 7 acres. <br />9. On January 16, 1987, the City of Lake Elmo accepted <br />the application for preliminary plat approval, and <br />final plat approval of Lake Elmo Heights 2nd Addition. <br />This application was for the second phase of the Lake <br />Elmo Heights cluster development and consisted of 13 <br />lots which ranged in size from 1-1/2 to 2 acres, and <br />one Out Lot consisting of 93 acres. This application <br />