12-01-87 CCM - Laserfiche WebLink

Home Browse Search

LAKE ELMO CITY COUNCIL MINUTES DECEMBER 1, 1987 PAGE 7 recommendation, which is a favorable recommendation. There was no legal reason that Knaak could see to turn down this request. Knaak's recommendation would be to approve the Final Plat. Councilwoman Armstrong looked at it as a camouflage variance by calling it a temporary road which is saying they do not need a variance to an 800 foot cul-de-sac. She sees no need to put a variance on a new piece of land because it could be designed right. Planning Commission Chairman DeLapp explained that Mr. Peltier indicated that he would not extend the road as long as the land remains zoned as it is toward Lake Elmo Avenue. If the Council is considering this road a temporary road, you are effectively rezoning the land to the west as far as the Planning Commission is concerned. Armstrong noted that the Planning Commission recommended that the City Council deny the Final Plat because of the length of the cul-de-sac. Ann Bucheck reported that she contacted Bob Snyder from the University of Minnesota who spoke at a Planning Seminar she attended. Mr. Snyder stated that the City should follow their code and limit the street to 800 feet even if we have not done so previously. Also, it has been recently brought to her attention that the Developer of Packard Park has testified in a lawsuit brought against the City of Lake Elmo that dealt with the City not upholding all of their codes. Bucheck wondered if the Developer was fully aware that this development does not meet all of the Codes. Bucheck felt if someone felt this strongly about the City meeting the code, he certainly would want his own development to meet the Code. Based on the City Attorney and City Engineer recommendations that the Final Plat does meet City Code, Councilman Johnson felt if the Council turned this Final Plat down we would be open to some legal problems. Councilman Johnson asked the City Attorney if a variance is required. Knaak answered that a variance is not needed. He believes that the intent of the road going through at some point is sufficient and meets the requirements of the Code as it is written now. M/S/P Johnson/Moe - to adopt Resolution 87-55 approving the Final Plat for Packard Park 2nd Addition, contingent upon the developer meeting the conditions specified in the City Engineer's letter of 10-22-87; upon providing a letter of credit and an acceptable Developer's Agreement; upon payment of park dedication fees and pass-thru costs; and upon giving the City an easement to allow surface water drainage from the 2nd Addition to the proposed ponding area. (Motion carried 3-1<Armstrong: She voted against the final plat based on the Planning Commission's recommendation and believes it is an improper cul-de-sac and should require a variance. This should have been designed right in the first place>) . M/S/P Johnson/Moe - to amend the above motion to include the added requirement that the developer give the City a road easement so that 24th Street can be extended west to Lake Elmo Avenue at some time in