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LAKE ELMO CITY COUNCIL MINUTES JUNE 19, 1984 PAGE 4 5. Donna Kuehn - Huff & Puff Days (Tabled) 6. Engineer's Report: A. Public Hearing - Eleanor Danielson's application for a large lot subdivision and lot size variance at the NE corner of 50th Street and Lake Elmo Avenue. Pursuant to published notice this public hearing was opened at 7:50 p.m. in the council chambers. Mark Fedder, real estate agent representing Mrs. Danielson, reviewed for the council how they arrived at the lot lines that are proposed in this large lot subdivision. Bernie Danielson (Mrs. Danielson's son) stated that there are two hardships surrounding this request. If they try to redo the proposed lot lines it would create a hardship physically on how the land would be laid out. It also creates a hardship for Mrs. Danielson who has taken care of this property since 1939, and now finds that she is somewhat deminished in her ability to sell that property and use the proceeds as she has looked forward to all of these years. There is no other land to add to this 52 acres to conform to the city code. The were no adjacent property owners present for or against this proposal. The public hearing was closed at 8:05 p.m. Fraser stated in reviewing the action taken in 1981, the concept of nonimal 10's and nominal 40's could in certain circumstances make sense. By granting this application, we would not have far more houses built on the property, it is just a matter that the lots would be technically slightly undersized. Eder stated his concerns are the surveyors or landowners that include the right-of-way in the value of the property. Pursuant to review of the Engineer's report of May 23, 1984, the following action was taken. M/S/P Morgan/Fraser - To adopt Resolution 84-37 granting a large lot subdivision to Eleanor Danielson at the NE corner of CSAH 17 and 50th Street which includes a park donation of $175 per lot. (Motion carried 5-0). M/S/P Mazzara/Fraser - To adopt ordinance 7960 amending Section 301-32 of the 1979 Lake Elmo Municipal Code permitting all 10 acre lot size requirements be inclusive of the right-of-way in the RR districts as recommended by the Planning Commission. (Motion carried 5-0). Eder stated he had no problem with nominal 10's if somehow we could communicate to the land surveyors and residents that they take into consideration permanent easements when they do their preliminary work; so they can get as close to the required 10 acres as reasonably possible.