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LAKE ELMO CITY COUNCIL MINUTES MAY 2, 1989 PAGE 3 demonstrate a benefit. Attorney Carlson agreed, these requirements are falling upon the Sunburrow residents. If the annexation/detachment proceeds, the Municipal Board will make the determination on whether this is in the best interest of the City of Lake Elmo. The Council reviewed the Resolution and deleted the 8th WHEREAS on the first page and on the second page, 5th paragraph replaced the wording with: Further, the City of Lake Elmo does not support the use of joint annexation/detachments as a means of resolving land use issues. M/S/P Graves/Dunn -• resolved that Resolution No. 89-29, is hereby approved as amended by the Planning Commission and City Council. (Motion carried 4-0). On the very west end of the circle there is a gravel road. that goes to the west and it crosses the subdivision line there is a house outside of Sunburrow. City Engineer Larry Bohrer asked Mr. Garofalo from Sunburrow if this house is to remain in Oakdale if this petition would be granted. Garofalo answered this ,property belongs to the Olsons who are the people that sold the south forty acres to Olson Lake Estates. His understanding was that this would be absorbed into the 40 acres when it is developed. The gravel road does provide access to the house. Bohrer asked if he knew if that driveway had any significance other than a driveway. Garofalo did not know, for a fact, but his understanding was this was an access that was dedicated at the time the street was dedicated. to access the property west of Sunburrow. Bohrer stated the road right-of-way touches the plat land and may transmit some rights if the property'that is proposed to remain in Oakdale to connect to that. Bohrer stated one of the reasons the Sunburrow residents are petitioning is to avoid. that connection. He stated research would have to be done to find out what right one city may have to access another city's streets. The Council asked Larry to follow-up on this. B. Large Lot Subdivision; Apostolic Bible Church Apostolic Bible Church requested postponement of their application. C. Large Lot Subdivision; Robert Ziertman Mr. & Mrs. Robert Ziertman, and Steve Ziertman have requested a subdivision of a 10.1 acre lot on Keats Avenue. The lot is properly zoned Rural Residential and requires no variances. The applicant has not yet provided a certificate of survey, as required by code, but it is in the process of being prepared and will show the subdivision the Council granted earlier this year. The staff has begun preparation of an ordinance amendment that would not require that a survey be provided until after approval by Council. M/S/P Williams/Graves - to instruct the staff to prepare a resolution granting a large lot subdivision to Robert and Dorothy Ziertman and Steve Ziertman based on the following findings of fact: (1) The property is properly zoned for 10 acre lot; (2) There are no variances