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AMENDLIAPPROVED: 03/20107 9. PLANNING, LAND USE & ZONING A. Minor Subdivision with a Variance at 3200 Lake Elmo Avenue North The Senior Planner reviewed his staff report of March 6, 2007, to the Council regarding the applications for a minor subdivision and lot width variance. He advised the Council that staff is recommending approval of a minor subdivision as the request is reasonable given the parcel has nearly enough acreage to create three lots; that subdivision is a mechanism for the City to remove the existing driveway from its current location on Lake Elmo Avenue; and the pie shape of the lot and its location on lakeshore create the need for a variance. The Senior Planner also recommended that the nine conditions of approval as listed in the staff report. With regards to the proposed relocation of the existing driveway, he reminded City Council of the future traffic forecasts spelled out in the Comprehensive Plan for Lake Elmo Avenue and the impacts existing driveways could have on that corridor if nothing is done. The Senior Planner also noted that code calls for the existing residence to hook up to the City water system. For the existing residence, staff would recommend the City require the water hook up within 12 months. The Senior Planner then reviewed the subdivision variance criteria and advised the City Council that it was Staff s determination that they have been met, and the variance for lot width at the shore land setback should be approved. The Senior Planner reported that the Planning Commission action regarding the variance and minor subdivision resulted in a 4-4 vote on a motion to approve. He reported that the primary issues resulting in the 4-4 vote were that of the existing driveway relocation and the requirement for City water hookup for the existing residence. He observed that the Planning Commission did not appear to have objection to the minor subdivision in general, but only with the driveway and water connection issues. The Council does have time to consider the variance requests, as the application does not expire until April 13, 2007. Some Councilmembers stated that the driveway location needs to follow the City Code, questioned the lake shore protection codes, and reviewed the DNR communication. The City Attorney confirmed that the variance standards presented by the Senior Planner are correct for a minor subdivision. Matt Northrup, 11075 32nd Street North, spoke against the proposed variance as it will increase the water runoff onto the east side of his property, 10 feet off the lot line. He requested that the City Engineer and City Planner review the plans and increase the setback to avoid runoff. Mr. Northrup also provided a copy of a letter from the DNR, which recommended denial of the variance. The Senior Planner stated he could add a condition to the approval of the application that the drainage from Parcel F could be reviewed by the City Engineer in conjunction with a future building permit application. He also confirmed the DNB's recommendation for denial. LAKE ELMO CITY COUNCIL MINUTES MARCH 6, 2007