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LAKE ELMO CITY COUNCIL MINUTES SEPTEMBER 5, 1995 6 4. All City code requirements and comments made by the City Engineer regarding storm water detention facilities, grading, erosion control measures and road construction shall be completed. 5. Additional landscaping shall be provided along Highway 5. Landscaping on Individual lots will be the responsibility of the developer to comply with landscape ordinance. 6. The developer enters into a Development Agreement with the City subject to approval by the City Attorney before site grading begins. (Motion passed 5-0). C. PUBLIC HEARING: Case #SUB/95-27 Variance to reduce the size of a substandard lot from 8.18 acres to 8.03 acres for the purpose of allowing a Minor Subdivision to correct an error of construction on a building. Applicant: Robert Taverns, 10174 Stillwater Lane N. Mayor John opened the public hearing at 9:10 p.m. in the council chambers. The public hearing notice was published in the August 23, 1995 Stillwater Gazette Extra and affected property owners were notified. Planner Terwedo reported that in 1994 a garage was built, unintentionally, on a neighbor's property. In order to correct the situation, the neighbor agreed to sell that portion of land (7.250 sq.ft.) in which the garage was located plus additional land so the garage would meet the 10 ft. setback requirement as required by the zoning code. On June 20, 1995, two options for this minor lot adjustment were presented to the Council. Option 1 indicated a straight, 290 ft. side property line and Option 2 indicated 341 ft. side property line which was not straight. The Council preferred Option 1. The Planning Commission approved the proposal at their regular meeting on August 14, 1995 based on the findings of fact that the granting of this variance would not be detrimental to the public welfare or adverse to the area, there are unusual circumstances which have caused this problem of the location of the garage, this is a minimum transfer of land which will accomplish the ownership of the land that the garage is presently located, and the other affected property owner is in full support of this minor subdivision. There was no one to speak against the variances. Mayor John closed the public hearing at 9:12 p.m. M/S/P DeLapp/Johnston - to approve the variance request to reduce the size of a substandard lot (Section 301.090F) from 8.18 acres to 8.03 acres by Robert Taverna, 10174 Stillwater Lane N. based on the findings stated in the staff report and adopt Resolution No. 95-46 approving a Minor Subdivision, as presented, to correct an error of construction of a building. (Motion passed 5-0). D. MN Design Team Update Planner Terwedo updated the council with a tentative schedule of the Minnesota Design Team Visit on September 28-30, 1995. E. Draft Housing Goals, Metropolitan Council - Informational Planner Terwedo attended a planner's forum on the Livable Communities Act and received draft housing goals for Lake Elmo. The housing density for single-family detached was determined by using aerial - photos and includes only existing housing. Lake Elmo's existing density is actually 1.1 unit per acre,