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HomeMy WebLinkAbout2023-087CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO.2023-87 A RESOLUTIONAPPROVINGA VARIANCE FOR A NEW LOT WITHOUT THE REQUIRED STREET FRONTAGE FOR THE ROYAL GOLF POOL AND FITNESS CENTER MINOR SUBDIVISION WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Royal Development LLC, 10995 Club West Parkway, Suite 300, Blaine, MN 55449 (the "Applicant"), have submitted an application to the City of Lake Elmo (the "City") to request a variance to allow the creation of a new lot without the required frontage on a public street; and WHEREAS, notice of a public hearing has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 103.00.120; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on August 28th 2023; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation of approval of the variance to the City Council as part of a Staff Memorandum dated September 19th, 2023; and WHEREAS, the City Council reviewed the Royal Golf Pool and Fitness Center Variance at its meeting held on September 19th, 2023 and made the following findings of fact: 1. That the Royal Golf Pool and Fitness Center minor subdivision is consistent with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area. 2. That the Royal Golf Pool and Fitness Center minor subdivisions is consistent with the future development plans of the area and with the standards of the City's Golf Course Community zoning district and the Royal Golf Planned Unit Development. 3. That the Royal Golf Pool and Fitness Center minor subdivision meets the requirements of the City's minor subdivision regulations and specifically the requirements concerning exceptions to platting. 4. The Royal Golf variance request has proven practical difficulties given the applicant is intending to use the lot in a reasonable manner and keeping in the spirit with the intent of the Golf Course Community zoning district and Royal Golf Planned Unit Development. 1 5. The Royal Golf variance request has proven unique circumstances given the unique existing barbell -shaped lot layout (11455 20th St North) and the existing infrastructure location which required the shift in location of the pool and fitness facility. The pool and fitness facility is also not a public place and used exclusively by the residents of Royal Golf whereas the clubhouse and golf course are public facilities. 6. The Royal Golf variance request has proven the essential character of the locality will not be altered given the structures are to remain the same, only lot lines will be shifting. 7. The Royal Golf variance request will not have an adverse effect on adjacent properties and will not cause there to be an increase in traffic. DECISION NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the Applicants' request for a new lot without the required frontage on a public street, subject to the following conditions: 1. The applicant must obtain all other necessary City, state, and other governing body permits and approvals prior to release of the final plat for recording. 2. The City Attorney's comments set forth in the plat opinion shall be addressed prior to release of the final plat for recording. 3. The special assessments currently levied against the property subject to the minor subdivision shall be transferred to Lot 1, Block 1, The Royal Golf Club Pool and Fitness. 4. The special assessments that are transferred to Lot 1, Block 1, The Royal Golf Pool and Fitness will need to be paid at the time of recording the final plat unless the applicant signs a new fee assessment form that will allow the applicant to continue to make payments on the special assessments. 5. That the developer records the approved Final Plat with Washington County within 180 days after City Council approval. Failure to record the Final Plat within 180 days of approval will cause the approval to become void. Passed and duly adopted this 19th day of September, 2023 by the City Council of the City of Lake Elmo, Minnesota. ATTEST: Julik,Anso tC' Clerk 2 J< r,46� Mayor Charles Cadenhead 01