02-17-98 CCM - Laserfiche WebLink

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M/S/P Johnston/DeLapp — to direct the staff to amend the Developer's Agreement on Page 2. Landscaping paragraph: Landscaping pursuant to the landscaping plan approved by the City Council on February 17, 1998. (Motion passed 3-0). M/S/P Johnston/DeLapp - to adopt Resolution No. 98-11, A Resolution approving the final plat of Parkview Estates, as amended (7.Outlot F shall be deeded pursuant to the Lake Elmo/Brockman agreement and on or before the first residential building permit, the City shall receive a copy of this agreement.), and approve the Conservation Easements, Devel oper's Agreement subject to the lighting and landscaping amendments. (Motion passed 3-0). B. Resolution approving minor subdivision for Sherman/Pott In her staff report dated February 17,1998, Planner Terwedo stated that presently there is an overlap of two properties; Gabriel Sherman 5471 Lake Elmo Avenue North and Mike Pott, 5429 Lake Elmo Avenue North. The request is to solve the problem with a minor subdivision and submit new legal descriptions to Washington County. Mike Port is willing to move his north property line south to reflect where the property line has been. Gabriel Sherman will own the 14' wide area in question. Attorney Filla explained that at one point in time someone conveyed the south 32 acres of a certain quarter, quarter section. Then they conveyed the north 8 acres of the same quarter, quarter section. There weren't 40 acres in the quarter, quarter section so there was an overlapping of the propertyline. M/S/P DeLapp/Johnston — to approve Resolution No. 98-12, A Resolution granting a minor subdivision (lot line adjustment) to Gabriel Sherman and Mike Pott. (Motion passed 3-0). C. Comprehensive Plan Amendment: Wm Hjelmgren This is a request for a comprehensive plan amendment from SRD, Suburban Residential to URD, Urban Residential Density. The rezoning request has been tabled because of the adoption of the moratorium for the Old Village, which includes this property. Attorney Filla gave a brief background on the history of this property. Gregory Geller, attorney representing Wm Hjelmgen, stated the request is to amend the map changing the designation for this parcel from SRD to URD, which he feels is a minor change and a beneficial change to the City because it downzones the property from General Business. Currently, the property is being used for multi -family uses. The front building has been a duplex longer than anybody knows. Mr. Hjelmgren will be asking for an R4 zoning when the moratorium lifts. Every single neighbor surrounding this property supports this multi -family use. The Code sets up an R-4 Zone. It is not Mr. Hjelmgren's fault the City does not have a Comprehensive Plan with policies for the R-4 zoning district. If the Council's inclination is to turn down this request, Attorney Galler asked that they table the request indefinitely so they can meet with the Village Commission. Attorney Filla responded that the Council couldn't approve the Comp. Plan request tonight because approval requires four votes and there were only three members in attendance. Administrator Kueffner pointed out Mr. Hjelmgren has been put on notice by the City staff, which is what reciprocated this application. The two duplex units on one small lot (12,500 sq.ft.) are inconsistent with the City's code. Mr. Galler responded that the garage is being rented now. Attorney Filla stated that the City never authorized that use in this facility. M/S/P DeLapp/Johnston - to deny the request of Wm Hjehngren for a comprehensive plan amendment from SRD, Suburban Residential Development, to URD, Urban Residential Density, based on the findings 1-5, as outlined, in the City Planner's report and for the following reasons: 1. As far as the City can determine, there is an illegal use on the property (all or a portion of it), and 2. The City has taken steps to adopt a development moratorium for the sole purpose of evaluating what the City's regulations should be in the Old Village, and that matter has been referred to the Old Village Commission for their input and policy review. (Motion passed 3-0). LAKE ELMO CITY COUNCIL MINUTES FEBRUARY 17, 1998