05-01-07 CCM - Laserfiche WebLink

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i . PROVED MAY 15, 2007 Motion: Council member Johnson moved to revoke Ordinance No. 97-181 that prohibits parking on 15`h Street to Ivy Avenue and direct the staff to remove the " no parking" signs in this area, but to leave the already existing no parking signs in the hammerhead area. Council member Park seconded the motion. The motion passed unanimously. Consider a stipulation agreement with the Hamlet on Sunfish Lake Homeowners Association (HOA) related to wastewater City Attorney Filla requested the council to consider a proposed negotiated stipulation agreement between the Hamlet on Sunfish Lake Homeowners Association (HOA) and the city to address the handling of wastewater. Attorney Filla indicated the two parties came to an agreement on how to resolve the wastewater treatment issues resulting from failing waste systems in the Hamlet. Council member DeLapp asked to have the city staff require Hamlet on Sunfish Lake trails be part of the public trail system. Attorney Filla will contact the HOA about this. Motion: Council member Johnson moved to approve the stipulation agreement between the Hamlet on Sunfish Lake and the city of Lake Elmo. Council member Park seconded the motion. The motion passed with Mayor Johnston, Council members Johnson, Park and Smith voting in favor. Council member DeLapp voting against. Consider amendment to the conditional use permit (CUP) regardingside ide yard setback for Discover Crossing Planner Matzek explained that Bob Clark, Discover Crossing Investments, LLC, was requesting an amendment to the conditional use permit (CUP) for the open space (OP) to allow for 10 foot setbacks on interior lot lines and 5 foot on exterior lot lines rather than the 15 foot required by the OP ordinance. The approval of an amendment to an OP CUP requires a 4/5 vote. She also explained that an amendment to the CUP must satisfy the general conditions for a CUP in the city code. She explained the request was being made to provide more flexibility on site to preserve trees that might need to be removed without the additional flexibility. She said the staff recommended approval of the amendment to the CUP because it met the conditions set forth in the city code. The planning commission recommended denial of the CUP because it did not conform to the OP condition of the 15 foot setback and it may pose a threat to public safety due to fire. Tim Freeman, representing the applicant, explained the request was for flexibility for preserving trees, not to build larger homes or cover more of the lot. He also referred to three prior OP CUP amendments that the city council had approved. Mr. Freeman said that the applicant would be willing to have a 10 foot setback on the exterior lot lines rather than the 5 foot. The city council discussed the application including the need for the CUP amendment, the possible positive and negative impacts from approving the amendment as requested and the process for handling the request should it fail on a 3 (favor) to 2 (against) vote since it required a 4/5 vote. Lake Elmo City Council Minutes May 1, 2007