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LAKE ELMO CITY COUNGi� MINUTES FEBRUARY 18, 1997 C. Case No. CUP/97-12 C.U.P. for Horse Stable; Applicant: Elzabeth Miner Elzabeth Miner is requesting a Conditional Use Permit for a business for the boarding and stabling of horses. At its February 10, 1997 meeting, the Planning Commission recommended approval of the C.U.P. with amendments to the conditions. The Council reviewed the draft C.U.P. and made changes to the conditions. M/S/P HunUDunn - to adopt Resolution No. 97-5, as amended, granting a Conditional Use Permit to Elzabeth Miner, Arbor Hill Farm, for the operation of a horse stable and an equestrian boarding and training center conditioned upon the city and the applicant executing an agreement to provide the city with an easement across the back part of the property giving access from E to W of the property and approval of an amendment to the Comprehensive Plan based on the Findings listed in the City Planner's report dated February 18, 1997. (Motion passed 5-0). Administrator Kueffner pointed out that the Planning Commission decided there was no need for a minor subdivision. Therefore, the applicant at the Planning Commission meeting formally withdrew the application for a Minor Subdivision. M/S/P Conlin/Dunn - to approve the Planning Commission's recommendation acknowledging the fact that there is no reason for Elzabeth Miner to apply for a minor subdivision and the applicant withdrew her application. (Motion passed 5-0). D. Case No. SUB/97-9 Preliminary Plat & Plan, The Homestead; Applicant:Jack Buxell City Planner Tenvedo explained Jack Buxell is requesting preliminary plat and plan approval of 19 units ranging in size from .75 to 1 acre lots on a 20 acre parcel located at 1381 Lake Elmo Avenue N.. The project is proposed to be completed in one stage. Jack Buxell presented the preliminary plat for The Homestead and reported on the drainage, private open space uses and Land Trust easements, pathway system and the possibility of the homeowner's association putting a tree farm and use part of the parkland. Buxell asked for an 18' road around the perimeter which allows parking on one side and that "no parking" signs not be put on the road. Mark Beattie, 3M Real Estate Dept., submitted a letter indicating the 3M Engineering Department reviewed the proposed plan and has found that two primary changes must be made - The Homestead Pond 1 cannot drain directly onto 3M property or into 3M Pond B-2, but must either be revised to accommodate all drainage on site or drain into The Homestead Pond 2; and the culvert from The Homestead Pond 2 onto 3M property must be relocated to the east to drain directly into 3M Pond A at a rate not to exceed the present rate. They have reached an agreement with the Developers to the above changes and conditions for drainage onto 3M property. Attorney Filla has reviewed the Association By -Laws and Declarations, but has a concern on more definition of the relationship between the City and the Association in terms of maintenance, and has not seen the language the Land Trust is proposing. The City reserves the right to determine the designation of the various open space categories and have those Issues resolved before the City starts final approval stage. M/S/P DeLapp/Hunt - to approve Case No. SUB/97-9, A Preliminary Plat and Plan, "The Homestead" and direct the staff to prepare a development agreement in accordance with the conditions of approval 1-8 provided by the City Planner and amended at this meeting, the 3 additional conditions of approval from the Planning Commission and additional condition of the City Attorney's that all documentation for easements, declarations, association by-laws,