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I <br />It appears that the zoning L, dlnance provides for the City Council -,'its discretion, waive or <br />modify the parking and drive OHW setback non-compliance. It is reasonable to assume, however, <br />that the Council will be expecting a recommendation regarding this matter from the Planning <br />Commission. <br />Considering the historic view of Lake Elmo regarding both appearance and impervious surface of <br />off-street parking; the OHW setback encroachment that could be mitigated by eliminating the 15 <br />parking spaces along the west site periphery; and the applicant's site plan non-compliance with <br />parking landscape island standards, it appears in the best interest of the City for the Commission <br />to recommend to the City Council that the OHW parking and drive setback standard of 100 feet <br />not be modified or waived. Instead, an approval recommendation for the site plan should include a <br />condition that the west 17 parking spaces (along the west property line) be eliminated. <br />Planning Commission Actions Requested, <br />Motion to recommend approval of a zoning variance to permit structure encroachment into the <br />OHW setback of a Tributary Stream on Outlot C, Eagle Point Business Park per plans staff dated <br />July 19, 2006 based on the Findings appearing in the Planning Staff Report of July 19, 2006. <br />Motion to recommend the City Council not waive or modify the Tributary Stream parking and <br />drive setback standard of 100 feet depicted on plans staff -dated July 19, 2006, and require the 15 <br />parking spaces on said plan along the west site boundary be eliminated. <br />Motion to approve the Section 520 Site Plan for Outlot C, Eagle Point Business Park per plans <br />staff -dated July 19, 2006, subject to the following conditions: <br />1. Compliance with the recommendations of the City Engineer and City Attorney — <br />specifically regarding surface water drainage. <br />2. Compliance with recommendations of the South Washington Watershed District that are <br />found to be reasonable and practical by the City Engineer. <br />3. City Council approval of the variance for structure setback to the OHW. <br />4. Elimination of the 15 off-street parking spaces at the west site periphery. <br />5. Compliance with the parking landscape island requirements as prescribed by Section <br />300.13 Subdivision 6B of the City Code. <br />6. All exterior lighting fixtures (including any `wall paks") shall be of a full cut-off design. <br />The applicant shall submit manufacturer cut sheets for all exterior light fixtures for City <br />Staff confirmation of compliance prior to issuance of any Building Permit. <br />7. Compliance with the landscape plan surety requirements of Section 520, Subdivision 1C of <br />the City Code. \ <br />Charles E. Dillerud, City Planner <br />Attachments: <br />1. Location Map <br />2. Applicant's Graphics <br />