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LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 21, 1995 5 Attorney Filla stated that all property owners are presumed to know the regulations. The city did issue permits and the property owner and builder relied on that and spent money to build this driveway. Only part of this driveway, between the property line and the improved right-of-way is wider, and is not in conformance with the code. If the city is going to allow this driveway to continue to exist in its current form, Filla suggested to not consider this as a variance and a hardship, but simply recognize that in this particular case the city is going to allow the driveway to continue to be there because based upon advice from counsel this issue should be resolved in favor of the property owner because of the involvement of the city and not because of a hardship and not because it requires a variance. M/S/P Johnston/DeLapp - to not grant a variance that has been requested, but recognize in this particular case the driveway at 2666 Imperial Avenue N. remain as -built based upon advice from counsel this issue should be resolved in favor of Charles and Stephanie Downs because the City issued a permit for the driveway and authorize the variance application fee and escrow be refunded to Charles and Stephanie Downs. (Motion passed 4-0). Planner Terwedo will provide a driveway permit application form which will include driveway regulations. C. Open Space/Clustering Ordinance - Review and Comments Planner Terwedo provided a draft ordinance on Agriculture/Open Space Preservation and Development Overlay District for Council review. The draft was marked where the Planning Commission had concerns. These issues are specifically related to overall density and the minimum lot size allowed. The Planning Commission would like the overall density of these developments not to exceed the existing density of the present RE density (6 per 20). They also had a concern about the minimum lot size allowable and lot width for single family homes. Mayor John presented his additions and suggestions in his memo to the council dated November 21,1995. John shared the concern of the PZ over the relatively high density. He preferred that the RED ratio of 6/20 acres be amended to permit a minimum lot size of 1.5 acres where homes are clustered with a maximum density of 8 per 20 acre parcel, excluding roads. This would leave a total of 8 acres open space. He did not want to leave the developer or owner with ownership of the vacant land without permanent dedication of development rights to the City. Todd Williams indicated he felt this was an excellent ordinance, but is concerned on the density proposed. He encouraged the Council to hold to the line that total population of the city developed under a clustering ordinance would be not greater or vary some slightly in total population over what it would be developed if everything were zoned RE. The council should consider the concept of the transfer of development rights. Council members Conlin and DeLapp felt that a sliding scale of unit density is equitable and defendable. Conlin suggested looking into clustering in collaboration with property owners of large tracts of land which would provide larger open space preservation. Also, the City should think about eliminating the RE zoning because It's inconsistent. Council member Johnston felt the purpose is to preserve open space and agricultural land --if you don't have a parcel large enough for Ag use, then why are we trying to keep it in agricultural use. Johnston was in agreement with elimination of the RE Zoning District. Attorney Filla explained the reason the city is going to adopt a moratorium is to put things on hold in order to have the regulations in place that allow the city to end up with what is in the city's best interest. What is proposed here should not be a financial burden to anyone that plans on developing their property. In fact they will be able to develop the site in a less costly manner and in a way that allows them to sell more units. There is a financial incentive here to encourage people to get onboard with the cluster development concept.