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LAKE ELMO CITY COUNCIL MEETING SEPTEMBER 19, 1995 3. The driveway will only access one lot. 4. The 8 acre parcel could not be subdivided in the future. The tennis court shown on the plat is actually owned by an adjacent property owner. A tennis court requires a 10 ft. setback from a propertyline. If a portion of the land in which the tennis court is located along with the additional 10 ft. setback area is deeded to the adjacent property, the lot would be less than 2.5 acres. The City recognizes the fact there is an encroachment and the property owner needs a variance for the tennis court because it is not in compliance with the City code and this is not the developer's fault. M/S/P John/Johnston - to direct the city staff to notify the property owner of the tennis court that they have created an encroachment with the tennis court placement and the property owner needs a variance for the tennis court because it is not in compliance with the City code. (Motion passed 5-0). M/S/P Hunt/DeLapp - to approve the preliminary plat of a 12-lot subdivision submitted by applicant, Ken Gervais, Image Development, based on the findings stated by the City Planner in the September 19, 1995 memo and recommended approval by the Planning Commission with the following conditions: 1. Streets shall be 28 feet wide, per City standards. 2. The existing street elevation on the West end of 57th Street N. in the Rolling Hills subdivision needs to be field verified prior to final plat submittal. 3. The existing Tee-Tumaround in the Rolling Hills subdivision shall be removed, regraded, top soil and seeded. 4. The existing cul-de-sac on the South end of the Plat shall have the sides removed. The City will overlay the center section this summer. The developer shall construct bituminous curb to match the existing curb. A transition from 28' to 32' wide street will need to be made. The existing driveway shall be extended to match the new street. The lawn on the east side shall be topsoiled and sodded. The remaining area may have topsoil seed. This work would be specifically included on the final plans. 5. The catch basin standards shall be revised to show City standards. 6. The name of the plat shall be changed by the developer. 7. The street numbered as 55th Street shall be changed to a named street in accordance with the code. 8. The final landscape plan shall conform with the landscape ordinance and shall be submitted on the final plat. (Motion passed 5-0). C. Case No. ZAN/95-28 Comprehensive Plan Amendment and Zoning Map Amendment - Joe Rogers rezoning At their September 11, 1995 meeting, the Planning Commission recommended the 17 acre parcel owned by Joe Rogers (located at the Southwest corner of Stillwater Blvd. and State Hwy 5) from (RR) Rural Residential to (LB) Limited Business. The City received approval from the Metropolitan Council, dated September 11, 1995, for a change of land use designation on 106 acres from Rural Agricultural Density to Limited Business. C M/S/P Hunt/Conlin - to adopt Resolution No. 95-49, A resolution amending the Future Land Use Plan of the 1990 Lake Elmo Comprehensive Plan (17 acre parcel as referenced by Attachment 1) from RR to LB; Joe Rogers, applicant. (Motion passed 5-0). f