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LAKE ELMO CITY COUNCIL MINUTES MARCH 21, 1989 PAGE 5 standards. In the same letter, Bohrer explains that the current R-1 zoning only extends to the northern line of the NSP easement, not the southern line of the easement as assumed by the developer. This means the south 125' of the preliminary plat is not properly zoned for inclusion in the plat. To keep the plat configuration as proposed, the developer will have to seek a rezoning from RR to Rl for the NSP easement area. Chuck Plowe, Peterson & Assoc., submitted a new preliminary plat showing a curved street. Bohrer noted that this curved road reduces the lot size of Lot 1, Block 1 and reduces the land suitable for septic systems to less than one acre. In his letter, dated March 20, 1989, the City Attorney had concluded that the City's potential liability for preliminary plat approval, within the well advisory area, is diminutive at most and that greater danger to the City was if the preliminary plat was being denied on the basis of the plat's being within the Well Advisory area. His conclusions are listed in this letter. Councilman Moe wanted to deal with the plat before him that included a longer cul-de-sac than our code provides, a variance to the required 32' road width before he considers a rezoning application that would not be consistent with the comprehensive plan. Councilman Graves was not in favor of the rezoning because it is not consistent with the Comprehensive Plan and this has been the basis on which other plats had been turned down. He also has concerns of the Health, Safety and Welfare of the people if the landfill has not reached a stable state and will not get worse in the future. Councilman Williams would approve the Rl plat with the proper street width and would allow the cul-de-•sac because there will be development to the West. He was not in favor of the rezoning based on the Comprehensive Plan. Councilman Hunt explained how he strives to be consistent with the Comp Plan and has turned down two plats based on this. The plat is not zoned properly at this time and he would not be in favor of a rezoning at this time. Mayol^Dunn stated consideration for rezoning would be in conflict with the Comp Plan as amended by Resolution 83-56, dated September 6, 1.983. M/S/P Graves/Moe - to deny preliminary plat approval of Kenridge Heights based on: the length of the cul-de-sac is .longer than what the code allows which is 800 ft., the street width would require a variance to the required 32' road width, and consideration would not be given to rezone the portion of the plat that was shown to extend into RR zoning district based on such rezoning being in conflict with the 1979 Comprehensive Plan f--1 as amended by Resolution 83-56, dated September 6, 1983. (Motion carried 5-0) Councilman Williams explained, if the NSP easement problem was not there,