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Lake Elmo <br />Agenda Section: Planning, Land Use and Zoning <br />No. 9A <br />City Council <br />November 21, <br />2006 <br />Agenda Item: Minor Subdivision - Bergmann <br />Background Information for November 21.2006: <br />On September 25 the Planning Commission unanimously adopted a recommendation to approve this <br />application to detach 1.33 acres from an existing parcel of 30+ acres, and consolidate the 1.33 acres with an <br />adjacent 5 acre parcel. This action is a condition of a variance approved by the City Council on September <br />5 that allows the barn structure on the 1.33 acres to co -locate with an existing accessory structure on the <br />homestead 5 acre parcel that would then be 6.33 acres in area. <br />An issue addressed briefly by the Council during the variance preceding, and again in detail by Staff in the <br />September 21 Planning Staff Report was clarified subsequent to the preparation that Staff Report. On <br />September 22 the Eileen Bergmann delivered a copy of an August 2005 Contract for Deed that conveys the <br />5 acre homestead parcel from Richard & Eileen Bergmann to Chad & Colleen Bergmann. Since Richard & <br />Eileen Bergmann are the owners of the adjacent 30+ acre parcel, there are no contiguous ownership issues <br />as the Staff Report details. Since the Contract for Deed has not been recorded with Washington County, and <br />therefore not reflected by the GIS records that staff uses to establish ownership. <br />The Minor Subdivision that is recommended by the Commission for approval therefore exactly replicates <br />the physical circumstances addressed by the prior variance action by the Council. No easement requirement <br />is included since the necessary easement has been secured by the City across other property. <br />Person_ responsible: <br />Action items: <br />o <br />Cd <br />Motion to adopt Resolution #2006 — approving a Minor <br />Subdivision at 11459 60`h Street North for Eileen & Richard <br />Bergmann , and Chad & Colleen Bergmann, as recommended by <br />the Planning Commission. <br />Attachments: <br />Time Allocated: <br />1. Draft Resolution #2006 - Approving Minor Subdivision <br />2. Planning Commission Minutes of September 25 <br />3. Planning Staff Report and attachments <br />4. Council Resolution #2006-092 Approving Variance <br />