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LAKE ELMO COUNCIL MEETING - 7/5/83 Page 4 <br />from RR to AG. He stated it would be in conformance with surrounding area since <br />it is next to AG zoning, use would be in conformance with area and actually less <br />obtrusive than some uses already allowed on Highway 36, no noise, and traffic <br />would be minimal since used for wholesale business only. (Mrs. Klawitter <br />mentioned they do most of the delivering, etc.) No objections have been <br />received from neighbors. <br />• Fraser - acknowledge certain misgivings due to previous infraction of selling <br />retail. Would you elaborate on wholesale business? (Mrs. Klawitter - we're <br />starting to plant shrubberies and trees to be used for landscaping business; <br />tree trimming business has been sold off). <br />• Fraser - equipment? and where would it be stored? (Mr. Klawitter - tree <br />planter, 2 riding tractors and small hand types, 2 pickup trucks, 2 trailers - <br />smaller equipment would be stored in machine shed; other equipment would be <br />behind building which is not visible from road. <br />• Mazzara - why did City have to go to court? (Mrs. Klawitter - circumstances <br />were such that we didn't have a choice economically and could not go out and <br />rent more land for otoring equipment) <br />• Wolf - 60-day stay was granted at 5/17 hearing, temporary injunction. <br />• Fraser - this is permitted use in AG zone and this business can be generally <br />accepted but can also see extension of business creating more traffic, signs, <br />etc. Would zoning regulations protect us from this? (Whittaker - yes, but City <br />would probably have to go to court to enforce it. You in fact could sell trees <br />grown on property but not other landscaping materials.) <br />• Eder - record should show that the Klawitter's original intent is to only sell <br />wholesale (i.e. anything grown on property) and not sell retail. <br />0 Whittaker did not know City court expenses to date in regard to withdrawal of <br />complaint against the Klawitter's. <br />• Eder - would like to know amount of court expenses before action is taken and <br />feel the Klawitter's should reimburse us for part of these costs. <br />M/S/P Morgan/Dunn to adopt Ordinance 7955 to rezone the Klawitter property (48 <br />acres on the SW corner of Keats and Highway 36) from RR to AG. (Carried 5-0) <br />Withdrawal of Complaint: <br />• Fraser - could action be deferred until we see what costs are? (Whittaker - <br />60 days is up in July.) <br />• Dunn - would just as soon drop complaint and not incur any more costs to City. <br />• Eder - violation was made so subsequent court costs should be reimbursed at <br />least in part. Amount should not be much - $100 or 300. <br />• Morgan - inclined to drop complaint since situation has been corrected. <br />• Mazzara - a portion of legal fees would be suitable. <br />M/S/P Eder/Mazzara to defer withdrawal of complaint issue until City attorney <br />can give us cost figures. (Carried 3-2, Morgan and Dunn nay) <br />B. Burrwood Estates - Folz presented the final plat containing all <br />easements, dedications, etc. Park donation amounted to $239.27 per lot. Since <br />improvements only consist of cutting drainage swale and putting in culvert, <br />detailed development agreement would not be necessary. <br />M/S/P Morgan/Mazzara to adopt Resolution 83-47: <br />TO ACCEPT THE FINAL PLAT FOR BURRWOOD ESTATES, PARK DONATION, MAINTENANCE <br />PROVISIONS FOR IMPROVEMENTS, AND DEVELOPMENT AGREEMENT. (Carried 5-0) <br />