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LAKE ELMO CITY COUNCIL MINUTES MARCH 3, 1987 PAGE 4 did not plat the entire 145 acre parcel as required by the City Ordinance. Knaak further stated that it is important to emphasize that the ordinance does not require concept plan approval only and, in fact, emphasizes that the acceptance of the concept plan is not to be construed in any way as approval or denial of the proposed plat. Based on discussions with members of the Council and other involved parties, it seems that a reasonable basis for confusion as to the procedure involved may exist. It was City Attorney Knaak's opinion that a possible approach could be to allow a variance to the new City code by imposing the old cluster standards for the remainder of this project and treat it as a single development project initiated under the old Code. The hardship would be the reliance upon the action of the City to permit full approval. Under this approach, the developer would still be required to go through the City Council and the Planning Commission with this proposal. In addition, any ambiguity about the original intent of the project can be laid to rest by requiring that the additional platting include, as required by the provisions of the City Code the entire remaining portion of the 145 acre parcel. In addition, since the applicant is arguing that this is all part of an original proposal reviewed by the City it should be made clear that any new lot created would be subject to the restrictions for the entire 145 acre parcel and not just simply be permitted to create a new parcel for cluster purposes. Bruce Folz explained that under the new cluster provisions (4 per 40 acres, 5 to 7 acre lots) and because of the soils, they would only get 2 or 3 lots out of the 25 acres. Folz refuses to let a client plat a residue into an outlot because the County tax assessor thinks it is gold and the taxes go sky high. Folz added that under our ordinance it does not allow them to do a cluster plan unless they include the entire ownership. Just because the development agreement failed to have the paragraph state what it did, it didn't change what the intent of the agreement was. Don Bishop stated that he would come in and apply for a variance request from the new cluster provisions adopted 11-18-86 which are 4 per 40 acres, 5 to 7 acre lots and no housing density transfer. Bishop expressed his unhappiness with this because at one time the City Council did approve the concept plan and because of a technicality in the language, he is faced with delays and expenses. M/S/P Graves/Moe - to accept Lake Elmo Heights Partnership's request for a public hearing for a variance from the new cluster provisions in RR (4 per 40 acres) and a variance for the outlot. (Motion carried 5-0). C. Lake Jane Highlands: Preliminary Plat Mike Dahl and Raymond Mester are requesting approval of a