11-16-99 CCM - Laserfiche WebLink

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Mayor Hunt closed the public hearing at 8:00 p.m Council member Armstrong provided a list of findings for the Council to review. M/S/P DeLapp/Siedow - to postpone consideration in order to permit Steve Johnson time to review submitted findings for determination. (Motion passed 5-0). M/S/P DeLapp/Siedow — to reconsider agenda item. (Motion passed 5-0). W.C. Banton, neighbor and attorney representing Steve Johnson, indicated it was inappropriate to put conditions at this time. The question is "Do you like what the Johnson's' have proposed to what is there now, or you tell us why you like what is there now better than what is proposed". Steve Johnson has no problem with the other conditions listed because they are dealt with in the site plan. Attorney Filla explained if the Council approved the site plan, you will be approving many of the conditions listed by Council member Armstrong. A third condition should be added to the Resolution: 3. Subject to the approval of the site plan. M/S/P Dunn/Siedow - to adopt Resolution No 99-83, as amended to include No. 3. Subject to the approval of the site plan, A Resolution approving a non -conforming use for Stephen Johnson. (Motion passed 5-0.) By approving a non -conforming use, Attorney Filla explained a person can continue what they are doing, but cannot expand. Lighting and signage compliance are not typical of expansion of a nonconforming use. The City is not removing the building from a nonconforming use. The long-term expansion is not an issue. All dealt with at the site plan. Fiber optic cable is not city's concern. Steve Johnson has a new survey, going through torrence property to clear up legals so the City needs the new legal description. M/S/P Dunn/DeLapp - to adopt Resolution No. 99-84, A Resolution granting an after -the -fact minor subdivision to Stephen Johnson to include new legals submitted by Stephen Johnson. (Motion passed 5-0.) M/S/P Siedow/DeLapp — to approve the site plan submitted, the Planning Commission and Village Commission approved that, which is before the Council at the 11-16-99 meeting. (Motion passed 5-0) B. Staff Recommendation on Vacation of 25" Street and Lisbon Avenue Administrator Kueffner reported the staff had the opportunity to review the Augustine file as it relates to the reserved right-of-way. The Council was asked to visit the site and view it from Manning Avenue. The Augustine's own approx. 27 acres and are eligible to do a cluster development, if they chose. This may not be the right time to vacate until we find a solution. The Planning Commission should look at this site during its Comprehensive Plan update to see if there are alternatives that haven't been considered. Gary Johnson reported Council member DeLapp had walked his property and suggested coming up with a predevelopment plan with adjacent property owners. The residents don't want their privacy interfered with by an easement. Is the City willing to support attorney costs when the City prevents access to his land? Gay VanPelt provided aerials and saw there was access to the Augustine property from Manning. The ravine can be corrected with a culvert to drain to Downs Pond. She voiced concerns on the affect on the mature oak stands, blind driveways, and wants these resolved now because we know how this Council would develop. The easement serves no public purpose. Should an entire development bear the impact? Jim VanPelt stated the Eden Park residents want finalization for what's good from a public prospective. Scott McDonald, attorney representing the Augustines, stated there are three existing buildings, which would have to be torn down, and a road built through the ravine. The Augustines' lived there 35 years and have no plans to develop land. The City has no plans for building a road, so why cut off options and penalize them now. Only vacate for couple of people to be comfortable and this is not reasonable. LAKE ELMO CITY COUNCIL MINUTES NOVEMBER 16, 1999