HomeMy WebLinkAboutFull Packet 08-28-23
3800 Laverne Avenue North
Lake Elmo, MN 55042
(651) 747-3900
www.lakeelmo.org
NOTICE OF MEETING
The City of Lake Elmo
Planning Commission will conduct a meeting on
Monday August 28th 2023
at 7:00 p.m.
AGENDA
1. Pledge of Allegiance
2. Approve Agenda
3. Approve Minutes of July 24th 2023
4. Public Hearings
a) ROYAL GOLF MINOR SUBDIVISION AND VARIANCE: Royal Development has submitted a
variance and minor subdivision application to collapse the existing Block 1 Lot 2 and move it to
the east side of 11455 20th Street North over the existing pool and fitness center for management
purposes. The variance is requested in addition to the minor subdivision due to the new lot not
having the required frontage on a public street.
b) DRAKE MOTOR PARTNERS COMPREHENSIVE MAP AMENDMENT AND REZONING: Drake Motor
Partners has submitted applications for a comprehensive map amendment and a zoning map
amendment to exchange the zoning of two similar sized parcels adjacent to each other along
Hudson Boulevard. The request would change one parcel from Commercial to Right of Way
zoning/future land use designation and the other parcel from Right of Way to Commercial.
5. New/Unfinished Business
a) N/A.
6. Communications/Updates
a) City Council Updates
i. Village Districts Design Review Zoning Text Amendment 8-2-2023
ii. 8286 Hidden Bay Court Variance 8-15-2023
iii. Northstar 1st Addition Final Plat and PUD 8-15-2023 iv. Prairie Skies Final Plat, PUD, Easement Vacation 8-15-2023
v. Easton Village 6th Final Plat 8-15-2023
b) Upcoming PC Meetings
i. September 11th 2023
ii. September 25th 2023
7. Adjourn
***Note: Every effort will be made to accommodate person or persons that need special considerations to attend
this meeting due to a health condition or disability. Please contact the Lake Elmo City Clerk if you are in need of
special accommodations.
Lake Elmo Planning Commission Meeting Minutes: 7-24-23
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City of Lake Elmo Planning Commission Meeting
City Council Chambers – 3880 Laverne Avenue North
Minutes of Regular Meeting of
July 24, 2023
CALL TO ORDER: Commission Chair Risner called to order the meeting of the Lake Elmo Planning Commission at 7:00 p.m.
COMMISSIONERS PRESENT: Risner, Bohlig, Geffre, Rehkamp, Steil, Williams, Vrieze
COMMISSIONERS ABSENT: None
STAFF PRESENT: City Planner Sophia Jensen
Pledge of Allegiance at 7:00 PM
Approve Agenda:
M/S/P: Steil / Rehkamp: made a motion to approve the agenda. Vote: 7-0, motion carried unanimously
Approve Minutes:
M/S/P: Vrieze / Geffre made a motion to approve the 6-12-23 meeting minutes with Vote: 7-0, motion carried unanimously.
PUBLIC HEARING
a)8286 Hidden Bay - Variance. Jeff and Judy Otto have submitted a variance application for three deviations from City’s
shoreland overlay district code (LEC 105.12.1260). The first variance request is a reduced structure setback from ordinary
high water level. The second variance request is a reduced septic setback from the ordinary high water level. The third
variance request is for an increase in impervious surface for unsewered shoreland lots.
Sophia Jensen, City Planner, gave presentation and answered questions.
Applicant Judy Otto, and Matt Beyer w/ PLAAD LLC (architect on record) spoke and answered questions
REVIEW AND ANALYSIS/DRAFT FINDINGS:
An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section
105.12.320 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along
with comments from Staff about the applicability of these criteria to the applicant’s request.
1.Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the
application by the owner of the affected property where the strict enforcement of this chapter would cause practical
difficulties because of circumstances unique to the individual property under consideration and then only when it is
demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical
difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner
proposes to use the property in a reasonable manner not permitted by an official control.
IMPERVIOUS SURFACE FINDINGS: The applicant argues that the existing lot is too small to construct a new home and
driveway that meets their desire to age-in-place and meet impervious surface requirements. Staff finds that the existing
home/driveway could be remodeled or refurbished without the need for a variance since it is a legal nonconformity.
Otherwise, the lot could fit a smaller home and driveway within impervious surface requirements. The discrepancy here is
that the applicants are proposing a new larger home and driveway than code dictates, not that a home on this lot is not
possible. Practical Difficulties are not met.
REDUCED STRUCTURE SETBACK FINDINGS: While a single family home is consistent with the zoning district. Staff finds that
the complete demolition and reconstruction of a larger home and desire for a deck when an existing legal nonconforming
home is already on site does not meet the practical difficulties requirement. Practical Difficulties are not met.
REDUCED SEPTIC SETBACK FINDINGS: The current system is failing and the applicant has had a septic designer review the
property for a feasible septic location. Staff finds that the applicant has proven practical difficulties since a septic is needed
given the current failing system and there is no other feasible area on site. Practical Difficulties are met.
Lake Elmo Planning Commission Meeting Minutes: 7-24-23
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2. Unique Circumstances. The plight of the landowner must be due to circumstances unique to the property not created by
the landowner.
IMPERVIOUS SURFACE FINDINGS: The applicant argues that they need the main level garage and hammerhead driveway
exactly as they proposed for safe access which would cause the impervious surface to increase. Staff finds that the
reasoning for the garage and hammerhead driveway insufficient; the residence is at the end of a road where ample or fast
moving traffic does not appear to be an impending safety concern. The applicant has the opportunity to refurbish the
existing home, garage, and driveway footprint without the need for a variance. By completely redesigning the garage and
driveway the applicant is creating the plight which they are requesting flexibility from. Unique Circumstances are not met.
REDUCED STRUCTURE SETBACK FINDINGS: The applicant argues that the setbacks are excessively large on this property,
and a portion of the property is below the ordinary high water level, leaving a small buildable area for a new home. Staff
finds that these requirements are in place to protect the waterbody and prevent damage to structures. Many properties
have land that fluctuates over or under the ordinary high water level based on environmental factors, these areas may be
subject to flooding or act as a wetland buffer. The ordinary high water level setbacks apply to all properties on the
designated water body and not unique to this lot. Given that the applicant is proposing to demolish the existing legal
nonconforming home and is then requesting flexibility to move the structure closer they are creating the plight they are
requesting flexibility from. Unique Circumstances are not met.
REDUCED SEPTIC SETBACK FINDINGS: The applicant is proposing to replace the septic in roughly the same area of the
property as the existing system. Again due to the fact this is a failing system, and the only location for a septic on the
property Unique Circumstances are met.
3. Character of Locality. The proposed variance must not alter the essential character of the locality in which the property in
question is located.
IMPERVIOUS SURFACE FINDINGS: The applicant argues that the neighboring homes also exceed the imperious surface
requirement and the single level house would be more accommodating to neighboring view sheds. Staff finds that many of
the surrounding homes were build many years ago when different impervious surface and ordinary high water level
regulations may have been in place. The request, if approved, would alter character of locality by deviating from the City
and DNR requirements put in place to protect the waterbody and structures built around them. Character of Locality is not
met.
REDUCED STRUCTURE SETBACK FINDINGS: The applicant argues that that many of the neighboring homes are within the
required structure setback from the ordinary high water level. Staff finds that many of the surrounding homes were build
many years ago and different setback and ordinary high water level regulations may have been in place. The City’s
shoreland ordinance (105.12.1260(12)(c)) has exception for legal nonconforming buildings, where if structures exist on the
adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to
the adjoining setbacks from the ordinary high water level. The existing home is already closer to the ordinary high water
level than the adjacent structure to the west and the east side does not have a structure. The request, if approved, would
alter character of locality by deviating from the City and DNR requirements put in place to protect the waterbody and the
structures built around them. Character of Locality is not met.
REDUCED SEPTIC SETBACK FINDINGS: Given this area does not have access to City Sewer and all adjacent properties are on
private systems; Staff finds that approval of this request would not alter essential character of the neighborhood. Character
of Locality is met.
4. Adjacent Properties and Traffic. The proposed variance must not impair an adequate supply of light and air to properties
adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish
or impair property values within the neighborhood.
IMPERVIOUS SURFACE FINDINGS: The impervious surface increase should not increase congestion on a public street or
negatively impair adjacent properties. Adjacent properties and Traffic is met.
REDUCED STRUCTURE SETBACK FINDINGS: The reduced structure setback should not increase congestion on a public street
or negatively impair adjacent properties. Adjacent properties and Traffic is met.
REDUCED SEPTIC SETBACK FINDINGS: The proposed septic location should not increase congestion on a public street or
negatively impair adjacent properties. Adjacent properties and Traffic is met.
Lake Elmo Planning Commission Meeting Minutes: 7-24-23
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M/S/P: Geffre / Steil moved to open the public hearing at 7:30 PM. Vote: 7-0, motion carried unanimously.
Emailed Public Comments:
Link Lavey, 8510 Hidden Bay Trail N, Lake Elmo, had concerns.
Anonymous resident, had concerns.
Dawn Goracki, 2620 5th Avenue East, North St. Paul, owner of P.I.D 09.029.21.23.0012, had concerns.
Doug & Pam Huntley, 8290 Hidden Bay Court, Lake Elmo, had concerns
Public Comments:
Jill Lundgren, 8282 Hidden Bay Court, has concerns.
M/S/P: Vrieze / Bohlig moved to close the public hearing at 7:36 PM. Vote: 7-0, motion carried unanimously.
M/S/P: Bohlig / Vrieze moved to recommend denial of the request from Jeff and Judy Otto for a variance to allow an impervious
surface coverage of 21.8% for the property located at 8286 Hidden Bay Court based on the findings listed in the staff report. Vote: 7-
0, motion carried unanimously.
M/S/P: Geffre / Rehkamp moved to recommend denial of the request from Jeff and Judy Otto for a variance to allow a reduced
structure setback of 36.9 feet from the ordinary high water level for the property located at 8286 Hidden Bay Court based on the
findings listed in the staff report. Vote: 6-1, motion carried. (Risner, Bohlig, Geffre, Rehkamp, Steil, Williams – Aye/ Vrieze – Nay)
M/S/P: Rehkamp / Steil moved to recommend approval of the request, with conditions listed in the staff report, from Jeff and Judy
Otto for a variance to allow a reduced septic system setback of 38.3 feet from the ordinary high water level for the property located
at 8286 Hidden Bay Court based on the findings listed in the staff report. Vote: 7-0, motion carried unanimously.
PUBLIC HEARING
b) Village Design Review - Zoning Text Amendment. The City of Lake Elmo has initiated a zoning text amendment to clean
up outdated references, clarify the authorizing body, and update the process for review by a design professional for the
Village Design Review in section 105.12.840 in Article XIII Village Districts.
Sophia Jensen, City Planner, gave presentation and answered questions.
M/S/P: Vrieze / Rehkamp moved to open the public hearing at 7:50 PM. Vote: 7-0, motion carried unanimously.
Public Comments: None
M/S/P: Vrieze / Steil moved to close the public hearing at 7:51 PM. Vote: 7-0, motion carried unanimously.
M/S/P: Steil / Geffre moved to recommend adoption of the proposed text amendment to Section 105.12.840 Village Districts Design
Review as presented. Vote: 7-0, motion carried unanimously.
New/Unfinished Business
N/A
Communications/Updates - City Council Updates
i. 4708 Larkspur Lane Variance - approved - 6/20/2023
ii. Permitted Encroachments Zoning Text Amendment- approved - 6/20/2023
Upcoming Meetings
i. August 14th
ii. August 28th
Meeting adjourned at 7:52 PM.
Respectfully submitted,
Diane Wendt
Permit Technician
STAFF REPORT
DATE: 08/28/2023
REGULAR ITEM#: 4a – PUBLIC HEARING
MOTION TO: Planning Commission FROM: Sophia Jensen, City Planner AGENDA ITEM: Royal Golf Minor Subdivision and Variance
INTRODUCTION: The City received a minor subdivision and variance application from Royal Development Inc to collapse the existing Lot 2, Block 1 (11443 20th St N) and move it to the east side of 11455 20th
St N to encase the private pool and fitness center that was approved by the City via a conditional
use permit last year. The existing Lot 2, Block 1 was supposed to encase the pool and fitness center but due to utility constraints, the facility was moved to the east side of the property. To achieve this minor subdivision, the applicant must also request a street frontage variance. The
applicant is seeking flexibility from LEC 103.00.140 (b)(4) which requires all lots to have the minimum required frontage on a public street. Due to the existing lot layout, the new lot will not have public street frontage. The intent of these requests is to place the lot lines around the facility that it was intended for
(the pool and fitness center) and to allow private HOA management for the pool and fitness center versus the public clubhouse and golf course. Staff finds these requests are mainly for housekeeping purposes and generally in support of this proposal.
General Request Graphic
ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission is being asked to hold a public hearing and make a recommendation on the minor subdivision and variance requests.
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GENERAL INFORMATION:
Address: 11455 20th Street North and 11443 20th St North
PID: Variance Requests: 25.029.21.12.0002 and 25.029.21.12.0003 The applicant is seeking deviations from LEC 103.00.140 (b)(4) which requires all subdivision to have frontage on a public
street.
Existing Zoning: Golf Course Community (GCC), Shoreland Overlay District, Valley Branch Watershed District Surrounding Zoning: North: Golf Course Community South: Golf Course Community
East: Golf Course Community
West: Golf Course Community
Deadline for Action: Application Complete – 7/27/2023 60 Day Deadline – 9/25/2023 Applicable Regulations:
Title 103 – Subdivision Regulations
Article V – Zoning Administration
Article XII – Urban Districts Article XIX – Shoreland Overlay District
REVIEW AND ANALYSIS: Minor Subdivision: The City’s subdivision regulations allow for certain major subdivision
procedures and requirements to be waived when: 1) no more than four lots are being created; 2) when no new public infrastructure or rights-of-way or streets are necessary; and 3) when the proposed lots meet the minimum road frontage and area requirements of the underlying zoning district. The minor subdivision process allows for concurrent review and approval of a preliminary and final plat.
The proposed minor subdivision does not require any new public infrastructure or any new public streets or infrastructure. The request is not adding additional lots, instead an existing lot is being collapsed and relocated. This request will also meet the City’s Royal Golf PUD and Golf Course Community zoning lot dimension and bulk building requirements. No tree removal or structure/building changes are proposed as a part of this request. With approval of the
variance for road frontage, the proposed plat meets all the City’s requirements for a subdivision.
Street Frontage Variance: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 105.12.320 before the City may grant
an exception or modification to City Code requirements. These criteria are listed below, along
with comments about the applicability of these criteria to the applicant’s request. The proposed variance request would meet all four required criteria set forth in Section
105.12.320(f). The applicant has proven practical difficulties in that it 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 the Royal Golf Planned Unit Development. The applicant 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 is used exclusively by the residents of Royal Golf whereas the clubhouse and golf course are public facilities. The applicant
3
has proven that character of locality will not be altered given the structures are to remain the
same, only the lot lines will be shifting. Lastly, the proposed request of changing the lot lines should not impair adjacent properties or increase congestion of the public streets. CITY AGENCY REVIEW: This request was distributed to several departments and agencies for review on July 31st 2023.
The following departments provided comments on the applications:
• Fire Department Review Memo (8-9-2023) provided comments regarding the requirements of maintaining access to the pool and fitness facility at all times.
• City Engineer Email (8-14-2023) did not have comments on the applications.
• MN DNR – Did not provide a review memo.
• City Attorney (8-17-2023) – Provided a plat opinion that must be addressed prior to
release of the final plat for recording. A condition regarding special assessments has also
been added based on the Attorney’s review to ensure the assessments will be paid. PUBLIC COMMENT: A public hearing notice was sent to surrounding properties on August 16th 2023. A public
hearing notice was published in the City’s official newspaper on August 18th 2023.
DRAFT FINDINGS:
Staff is recommending that the Planning Commission consider the following findings with regards to the requests:
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
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• 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.
RECOMMENDED CONDITIONS OF APPROVAL: 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 assessment deferral form that will allow the applicant to continue to make
payments on the special assessments.
RECOMMENDATIONS: Staff recommends that the Planning Commission recommend approval of the minor subdivision and variance request from Royal Development to collapse Lot 2, Block 1 and move it to the east
side of 11455 20th Street North so that it encompasses the existing pool and fitness center.
Suggested Motions:
“Move to recommend approval of the Royal Development Pool and Fitness Center variance request based on the findings of fact and conditions presented in the staff report.”
AND
“Move to recommend approval of the Royal Development Pool and Fitness Center minor
subdivision request based on the findings of fact and conditions presented in the staff report.” ATTACHMENTS: 1) Location Map 2) Land Use Applications 3) Variance Narrative 4) Final Plat 5) Fire Dept. Memo (8-9-2023)
6) City Engineer Email (8-14-2023) 7) City Attorney Plat Opinion (8-17-2023)
20THSTN 20THSTN
ANNIKADRN116121158811546
1854
1942
1946
1952
1960
1966
1972
1978
1984
11443
11441
ArcGIS Web AppBuilder
Parcels
Municipals
DNR Protected Waters ID
8/17/2023, 8:58:02 AM
0 0.05 0.10.03 mi
0 0.09 0.170.04 km
1:4,514
ENGINEERINGSURVEYINGENVIRONMENTALTHE ROYAL GOLF CLUB POOL AND FITNESSVICINITY MAPMATCH LINE BENCHMARK
THE ROYAL GOLF CLUBHORSESHOE LAKEPOOL AND FITNESSMATCH LINE ENGINEERINGSURVEYINGENVIRONMENTALBENCHMARK
LAKE ELMO FIRE DEPARTMENT – OFFICE OF THE FIRE MARSHAL
Fire Prevention, Code Enforcement, and Public Education
“Proudly Serving Neighbors and Friends”
August 9, 2023
Royal Development, Inc
10995 Club West Parkway, Suite 300
Blaine, MN 55449
Re: Variance Request for Minior Subdivision Application involving property located at 11457 20th ST N, Lake
Elmo, MN 55342
Applicant,
The Lake Elmo Fire Department will require no additional changes/additions to the previously approved
development plan for the property located above. However, with the split in ownership/lot lines, the
requirement maintains that access to the pool and fitness facility be maintained at all time. This includes
during winter months in relation to snow plowing. The same provisions are required of the clubhouse and
maintenance buildings.
Respectfully,
1
Sophia Jensen
From:Jack Griffin <Jack.Griffin@focusengineeringinc.com>
Sent:Monday, August 14, 2023 10:04 AM
To:Sophia Jensen
Subject:Royal Golf Club Pool & Fitness Center
Caution: This email originated outside our organization; please use caution.
In regards to the Minor Subdivision, engineering has no review comments.
Thanks ~Jack
John (Jack) W. Griffin, P.E.
Principal / Sr. Municipal Engineer
FOCUS ENGINEERING, INC.
651.300.4264
jack.griffin@focusengineeringinc.com
Offices in
Minneapolis
St. Cloud
150 South Fifth Street
Suite 700
Minneapolis, MN 55402
(612) 337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
DOCSOPEN\LA515\132\896051.v3-8/17/23
Kennedy
SARAH J. SONSALLA
Attorney at Law
Direct Dial (612) 337-9284
Email: ssonsalla@kennedy-graven.com
August 17, 2023
VIA E-MAIL ONLY
Ms. Jenni Faulkner
Senior Planner
Bolton & Menk, Inc.
12224 Nicollet Avenue
Burnsville, MN 55337
RE: Plat Opinion for THE ROYAL GOLF CLUB POOL AND FITNESS
Dear Jenni:
At the City’s request, I have reviewed the title commitment issued by Land Title, Inc., as agent for
First American Title Insurance Company, with an effective date of June 13, 2022 (the
“Commitment”). I have also reviewed a preliminary plat prepared by Carlson McCain, Inc., which
is titled THE ROYAL GOLF CLUB POOL AND FITNESS (the “Preliminary Plat”).
The Commitment purports to cover the following legal description:
Parcel A:
Lot 1 , Block 1, The Royal Golf Club at Lake Elmo, Washington County, Minnesota.
Parcel B;
Lot 2, Block 1, The Royal Golf Club at Lake Elmo, Washington County, Minnesota.
Parcel C:
Outlot L, The Royal Golf Club at Lake Elmo 2nd Addition, Washington County,
Minnesota.
Abstract Property
(the “Property”).
Based on my review of the Commitment and the Preliminary Plat, I have the following comments
relative to the proposed Preliminary Plat:
Ms. Jenni Faulkner
August 17, 2023
Page 2
DOCSOPEN\LA515\132\896051.v3-8/17/23
1. Plat execution. The Preliminary Plat must be signed by:
a. The fee owners:
i. Parcels A and C: H. C. Golf Land, LLC, a Minnesota limited liability company.
ii. Parcel B: Royal Development, Inc., a Minnesota corporation.
The Final Plat must be executed with all the formalities of a deed of title. The
Applicant submitting Preliminary Plat appears to be H.C. Golf Course
Development, LLC, a Minnesota limited liability company. The Consent to Plat
provided by Applicant states that H.C. Golf Land, LLC is now known as H.C. Golf
Course Development, LLC. I require a certificate of good standing from the
Minnesota Secretary of State and evidence that the fee owners of the Property are
authorized to convey the easements dedicated on the Plat and that the person
signing is authorized to execute the Plat on the fee owner’s behalf. I require review
of these instruments.
b. The mortgagee, Northeast Bank, a Minnesota corporation, according to the
Commitment. In lieu of signing the Plat, the mortgagee may provide any of the
following instruments for recording prior to the Plat: partial release of mortgage;
satisfaction of mortgage; or consent to Plat. Additionally, the mortgagee must also
provide a release or termination of other financing documents of record. I require
review of these instruments.
2. Plat Corrections. I require review of the following revisions.
a. The Plat does not convey any new drainage and utility easements to the public,
including along the perimeters of Lots 1 and 2, Block 1. There is an existing
drainage and utility easement along Outlot A per the plat of The Royal Golf Club
at Lake Elmo Second Addition. The City should review and determine if it
additionally requires public drainage and utility easements to be dedicated along
the perimeter of the Lots or Outlot. Public dedication language must additionally
be added by the surveyor to the Plat.
b. The notification of interest should be revised from “ALL BY THESE PRESENTS” to
“ALL PERSONS BY THESE PRESENTS”.
c. The fee owner acknowledgment for H.C. Golf Land should be revised from “limited
liability company, on behalf of the company.” to “limited liability company.”
d. The surveyor’s acknowledgment should be revised from “by Thomas R. Balluff,
Licensed Land Surveyor.” to “by Thomas R. Balluff.”.
e. The City Council approval certificate should be revised from “the City Council of the
City of Lake Elmo” to “the City Council of Lake Elmo”.
Ms. Jenni Faulkner
August 17, 2023
Page 3
DOCSOPEN\LA515\132\896051.v3-8/17/23
f. The County Auditor/Treasurer approval should be revised from “in the year 20” to
“in the year 20__”.
3. Title Exceptions.
a. Rights or claims of tenants, as tenants only, under unrecorded leases, if any. The
developer should provide copies of any unrecorded leases, if any, for my review.
b. Subject to the rules and regulations of the Department of Natural Resources
concerning protected wetlands areas, protected waters and protected watercourses.
The wetlands are depicted on the Preliminary Plat. No further action is required.
c. Site Improvement Agreement between City of Lake Elmo and H.C. Golf Land,
LLC, dated August 17, 2017, filed August 25, 2017, as Document No. 4125499.
The Site Improvement Agreement allowed the developer to construct certain
improvements prior to the recording of a prior plat, and the developer executed a
drainage and utility easement along 20th Street which was not to be recorded unless
there was a default under the Site Improvement Agreement. No further action is
required.
d. Drainage and utility easements over the subject property as shown on the recorded
plat. The easements dedicated on the plat of The Royal Golf Club at Lake Elmo
are depicted on the Plat. No further action is required.
e. Drainage and Utility Easement in favor of City of Lake Elmo dated September 15,
2017, filed September 29, 2017, as Document Number 4129861. The public
drainage and utility easement must be depicted on the Plat. I require review of this
revision.
f. Development Agreement between the City of Lake Elmo and Royal Development,
Inc., dated September 19, 2017, filed September 29, 2017, as Document No.
4129865; as amended by Second Amendment to Development Agreement, dated
August 10, 2021, filed August 19, 2021, as Document No. 4330026.
The Development Agreement, between the City of Lake Elmo and Royal
Development, Inc., requires, among other things, the construction of certain public
and private improvements to have been completed by October 31, 2018. The
Second Amendment modifies the Development Agreement to modify certain
sections of the Agreement relating to cash contributions to be paid by the
Developer. No further action is required.
g. License and Maintenance Agreement for Landscaping Improvements dated
September 19, 2017, filed September 29, 2017, as Document Number 4129867.
The License and Maintenance Agreement includes, among other things, that the
developer would install certain landscaping improvements on certain city-owned
Ms. Jenni Faulkner
August 17, 2023
Page 4
DOCSOPEN\LA515\132\896051.v3-8/17/23
property, and maintain those improvements for two years. No further action is
required.
h. Mortgage, Security Agreement and Fixture Financing Statement executed by H.C.
Golf course Development, LLC, a Minnesota limited liability company, dated
March 14, 2016, filed March 18, 2016, as Document Number 4060697 in the
amount of $4,250,000.00, in favor of Northeast Bank; as modified by Document
Number 4130775, filed October 6, 2017; as modified by Corrective Modification
filed September 19, 2018, as Document Number 4168884. The mortgage must be
resolved prior to the recording of the final plat in accordance with 1.b. of this letter.
I require review of those documents as described on 1.b.
i. Assignment of Leases and Rents by and between H. C. Golf Course Development,
LLC, a Minnesota limited liability company, and Northeast Bank, dated March 14,
2016, filed March 18, 2016, as Document Number 4060698. The assignment must
be resolved prior to the recording of the final plat in accordance with 1.b. of this
letter. I require review of those documents as described on 1.b.
j. Combination Mortgage, Security Agreement and Fixture Financing Statement
executed by H.C. Golf Land, LLC, a Minnesota limited liability company, dated
October 2, 2017, filed October 6, 2017, as Document Number 4130777 in the
amount of $4,250,000.00, in favor of Northeast Bank; as modified by Modification
filed May 14, 2018, as Document Number 4153852. The mortgage must be
resolved prior to the recording of the final plat in accordance with 1.b. of this letter.
I require review of those documents as described on 1.b.
k. Combination Mortgage, Security Agreement and Fixture Financing Statement
executed by Royal Development Inc., a Minnesota corporation, dated October 2,
2017, filed October 6, 2017, as Document Number 4130778 in the amount of
$4,250,000.00, in favor of Northeast Bank; as modified by Mortgage Modification
Agreement filed May 14, 2018, as Document Number 4153853; as modified by
Corrective Modification filed September 19, 201,8 as Document Number 4168885.
The mortgage must be resolved prior to the recording of the final plat in
accordance with 1.b. of this letter. I require review of those documents as described
on 1.b.
l. Master Declaration of Royal Golf Club Master Community dated September 28,
2017, filed September 29, 2017, as Document Number 4129866; as amended by
First Amendment filed August 3, 2018, as Document Number 4163569; as
amended by Second Amendment filed January 19, 2019, as Document Number
4181540. Under the Master Declaration, the developer may include the Property to
the development up to ten years after the date of the declaration. No further action
is required.
m. Terms and conditions of Storm Water Quality Treatment Facility Maintenance
Agreement dated June 9, 2016, filed July 12, 2016, as Document No. 4074234; as
Ms. Jenni Faulkner
August 17, 2023
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amended by Amended Storm Water Quality Treatment Facility Maintenance
Agreement, dated July 13, 2017, filed July 28, 2017, as Document No. 4121597.
The Storm Water Quality Treatment Facility Maintenance Agreement in part
conveys certain easements for public right of way or perpetual access from public
rights-of-way to the Valley Branch Watershed District’s water quality unit. The
First Amendment corrects the legal description of the Property. The public
easements must be depicted on the Plat. I require review of this revision.
n. Site Grading Agreement between the City of Lake Elmo and H.C. Golf Land, LLC,
dated June 1, 2017, filed June 28, 2017, as Document Number 4117554 and
Amendment filed November 9, 2017, as Document Number 4134802.
The Site Grading Agreement, among other things, permitted the developer to begin
grading prior to the City’s approval of the filing of the subsequent plats and
subdivision plats on the property depicted by the plat of the Royal Golf Club at
Lake Elmo. The First Amendment modifies the legal description of the property
subject to the Site Grading Agreement. No further action is required.
o. Utility Maintenance Access Trail Easement in favor of City of Lake Elmo dated
September 15, 2017, filed September 29, 2017, as Document Number 4129862.
The easement is depicted on the Plat. No further action is required.
p. Drainage and utility easements as shown on the recorded plat of The Royal Golf
Club at Lake Elmo 2nd Addition. The drainage and utility easements over Outlot
L of The Royal Golf Club at Lake Elmo 2nd Addition must be depicted on the final
plat.
q. Combination Mortgage, Security Agreement and Fixture Financing Statement
executed by Royal Development, Inc., a Minnesota corporation, dated July 26,
2018, filed August 3, 2018, as Document Number 4163571 in the amount of
$3,232,172.00, in favor of Northeast Bank. The mortgage must be resolved prior
to the recording of the final plat in accordance with 1.b. of this letter. I require
review of those documents as described on 1.b.
r. Combination Mortgage, Security Agreement and Fixture Financing Statement
securing $3,232,172.00, dated July 26, 2018, filed August 3, 2018, as Document
No. 4163572, by and between H.C. Golf Land, LLC, a Minnesota limited liability
company, and Northeast Bank, a Minnesota corporation. The mortgage must be
resolved prior to the recording of the final plat in accordance with 1.b. of this letter.
I require review of those documents as described on 1.b.
s. Development Agreement for Royal Golf Club at Lake Elmo 2nd Addition dated
July 26, 2018, filed August 3, 2018, as Document No. 4163573; as amended by
First Amendment to Development Agreement dated August 10, 2021, filed August
19, 2021, as Document No. 4330025.
Ms. Jenni Faulkner
August 17, 2023
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The Development Agreement, by and between the City of Lake Elmo and Royal
Development, Inc., requires, among other things, the construction of certain public
and private improvements to have been completed by October 31, 2018. The First
Amendment modifies the amount of cash donation the Developer was to make with
respect to the City Parks fund. No further action is required.
t. Open Space Easement Agreement between Royal Development, Inc., a Minnesota
corporation and the City of Lake Elmo, dated July 26, 2018, filed September 17,
2018, as Document Number 4168628. The public easement must be depicted on
the Plat. I require review of this revision.
u. License and Maintenance Agreement for Landscaping Improvements between City
of Lake Elmo and Royal Development Inc., dated July 26, 2018, filed September
17, 2018, as Document Number 4168630. The License and Maintenance
Agreement includes terms whereby the developer must or may maintain certain
landscaping improvements. No further action is required.
v. Combination Mortgage, Security Agreement and Fixture Financing Statement
securing $2,000,000.00, dated October 7, 2019, filed January 2, 2020, as Document
No. 422917, by and between Royal Development Inc., a Minnesota Corporation,
H.C. Golf Land, LLC, a Minnesota limited liability company, and Northeast Bank,
a Minnesota corporation; as amended by Mortgage Modification Agreement dated
December 7, 2020, filed April 22, 2021, as Document No. 4307981. The mortgage
must be resolved prior to the recording of the final plat in accordance with 1.b. of
this letter. I require review of those documents as described on 1.b.
w. Easement Agreement between H.C. Golf Land LLC, Royal Development, Inc,
Royal Golf Club Master Association and Royal Golf Club Homeowners
Association, dated December 17, 2021, filed December 28, 2021, as Document
Number 4352906. The private easement does not need to be depicted on the Plat.
No further action is required.
x. Declaration Regarding Use of Shared Amenities Parcel dated February 10, 2022,
filed February 17, 2022, as Document Number 4360002. The Declaration
introduces certain restrictions on the property related to hours of operation, food
service, and alcohol, among other terms. No further action is required.
y. The Plat depicts a Gas Line Easement per Document Number 4060634. The
Easement is not listed as an exception on the Commitment. I require an updated
Commitment per 5.a., below, and either the Commitment or the Plat must be
corrected with respect to Document Number 4060634. I require review of this
revision to either the Plat or the Commitment.
4. Property taxes and assessments. All real estate taxes due in the year the Plat is to be
recorded must be paid prior to recording. Please additionally see paragraph 4.c., below.
Ms. Jenni Faulkner
August 17, 2023
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Parcel A:
Tax I.D. No. 25-029-21-12-0002
2023 base tax is $105,552.00, and taxes are half paid.
There are no delinquent taxes of record.
There are no levied or pending special assessments.
Parel B:
Tax I.D. No. 25-029-21-12-0003
2023 base tax is $0.00.
There are no delinquent taxes of record.
There are no levied or pending special assessments.
Parcel C:
Tax I.D. No. 25-029-21-43-0028
2023 base tax is $20.00, and taxes are paid.
There are no delinquent taxes of record.
There are no levied or pending special assessments.
5. Additional Comments.
a. The Commitment is dated June 13, 2022. I require review of a title commitment
that is less than 90 days old.
b. The final plat will need to meet all requirements of Minnesota Statutes Chapter 505
and the Manual of Guidelines for Platting in Minnesota (including the Washington
County Addendum).
c. 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. It is my understanding that there is an agreement between the Fee Owner’s
and the City that this specific assessment will not be paid prior to recording the Plat,
with the County’s approval.
This letter does not purport to set forth every matter relevant to a determination of whether title to
the Property is marketable, and no one should rely upon it for that purpose. The sole purpose of
this letter is to identify required signatories to the Plat and related issues of interest to the City in
connection with platting, as evidenced by the Updated Title Commitment.
This opinion is conditioned upon both my review of a final plat and the issuance of a title policy
in favor of the City of Lake Elmo, insuring the City’s interests as they appear on the Plat.
Please contact me if you have any questions regarding this information. Thank you.
Sincerely,
Ms. Jenni Faulkner
August 17, 2023
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Sarah J. Sonsalla
Sarah J. Sonsalla
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STAFF REPORT
DATE: 8/28/23
MOTION
TO: Planning Commission
FROM: Jenni Faulkner, Consultant Planner
Frannie Nielsen, Consultant Planner
AGENDA ITEM: Comprehensive Plan & Zoning Map Amendment for Ebertz Addition Land Exchange
BACKGROUND: The subject property is located at 9923 Hudson Boulevard N and centrally located along the southern border of the City of Lake Elmo, just north of I-94 and west of Keats Avenue N. The proposed use of a
Dairy Queen was approved as part of previous Drake Properties PUD (Tesla). On June 20th, 2023, the City Council approved a land exchange between the City of Lake Elmo and Drake
Motor Partners LE LLC. The land exchange will benefit the city by giving the city additional frontage on Hudson Blvd. and Drake will benefit by having additional frontage along I-94 (to place their signage). Prior to the applicant obtaining a sign permit, the land exchange is subject to approval of a
Comprehensive Plan Amendment and a Zoning Map Amendment. The land exchange has been recorded. The City now owns the parcel guided and zoned commercial and Drake owns the parcel guided and zoned for right-of-way. The Comprehensive Plan Amendment and Zoning Map Amendment requests are as follows: 1. A Comprehensive Plan Amendment for Parcel #1 from C (Commercial) to ROW (right-of-way); 2. A Comprehensive Plan Amendment for Parcel #2 from ROW (right-of-way) to C (Commercial); 3. A Zoning Map Amendment (rezoning) for Parcel #1 from Commercial PUD (C-PUD) to Public Right-of-Way; 4. A Zoning Map Amendment (rezoning) for Parcel #2 from Public Right-of-Way to Commercial
PUD (C-PUD). ISSUE BEFORE PLANNING COMMISSION:
The Planning Commission should hold a public hearing and make a recommendation on the comprehensive plan amendment and rezoning requests. GENERAL INFORMATION: Property Owner: Parcel #1: City of Lake Elmo Parcel #2: Drake Motor Partners LE LLC
Applicant: Jon Hauser, Drake Motor Partners LE LLC Location: 9923 Hudson Boulevard North Parcel #1 – part of Lot 1, Block 1, EBERTZ ADDITION, Washington County, Minnesota. PID 34.029.21.44.0004 Parcel #2 – part of Parcel 33B, Minnesota Department of Transportation Right of Way Plat No. 82-43, Washington County, Minnesota. PID 34.029.21.44.0012
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Requests: Comprehensive Plan Amendment and Zoning Map Amendment
Site Area: 0.04 acres
Existing Zoning: Parcel #1: Commercial PUD (C-PUD)
Parcel #2: Public right-of-way
Future Land Use: Parcel #1: Commercial (C)
Parcel #2: ROW
Proposed Zoning: Parcel #1: Public right-of-way
Parcel #2: Commercial PUD (C-PUD)
Proposed Land Use: Parcel #1: ROW
Parcel #2: Commercial (C)
Surrounding Land Use: Commercial
Surrounding Zoning: Commercial PUD (C-PUD) and Commercial (C)
Deadline for Action: Application Complete – 7/27/2023
60 Day Deadline – 9/25/2023
Extension Letter Mailed – No
Applicable Regulations: Section 105.12.280 Zoning Amendments
2040 Lake Elmo Comprehensive Plan
Minnesota State Statute 462.355 Subd. 3
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PROPOSAL REVIEW AND ANALYSIS COMPREHENSIVE PLAN AMENDMENT REVIEW The 2040 Comprehensive Plan has the Future Land Use of Parcel #1 designated as Commercial (C) and Parcel #2 as ROW. This Comprehensive Plan Amendment request is a result of a land exchange between the City of Lake Elmo and Drake Motor Partners LE LLC. The parcels’ land use designations are requested to be swapped in order to meet requirements of the land exchange and to be consistent with the remaining portion of the site in accordance with the new ownership and land uses. The decision to change or amend the Comprehensive Plan is a policy matter for the Planning Commission to make a recommendation on to the City Council. Any change to the Comprehensive Plan should be based on findings and criteria to show that the change would be consistent with the goals and policies of the City.
As a condition of approval of the proposed Comprehensive Plan Amendment, the City should require the submission of the necessary Comprehensive Plan Amendment to the Metropolitan Council and the City
receiving formal notification from the Metropolitan Council that they have completed their review and that they have approved the proposed plan amendment. ZONING MAP AMENDMENT REVIEW In order to meet requirements of the land exchange, the City also will need to approve a zoning map amendment (rezoning) to be consistent with the Comprehensive Plan Amendment (from right-of-way to commercial and vice versa). The overall nature and function of the site will remain the same. RECOMMENDED FINDINGS Comprehensive Plan Amendment. Staff recommends approval of the Comprehensive Plan Amendment for the proposed Drake Motor Partners LE LLC parcel, Parcel #1, and the City of Lake Elmo property, Parcel #2, based on the following findings: 1. That the applicant has submitted a request to the City of Lake Elmo to amend the Comprehensive Plan in accordance with the procedures as established by the Lake Elmo Planning Department and the
Lake Elmo Planning Commission; and 2. That the request is to amend the Land Use Plan Map for Parcel 1 from C (Commercial) to ROW (right-of-way); and
3. That the request is to amend the Land Use Plan Map for Parcel 2 from ROW (right-of-way) to C (Commercial); and 4. That the proposed amendment is consistent with the overall goals and objectives of the Lake Elmo
Comprehensive Plan. Staff recommends the following condition of approval: 1. Submission of the Comprehensive Plan Amendment to the Metropolitan Council and the receipt of formal notification from the Metropolitan Council that they have reviewed and approved the proposed amendment. Zoning Map Amendment. Staff recommends approval of the Zoning Map Amendment for the proposed Drake Motor Partners LE LLC parcel, Parcel #1, and the City of Lake Elmo property, Parcel #2, based on the following findings: 1. That the applicant has submitted a request to the City of Lake Elmo to amend the Zoning Map in accordance with the procedures as established by the Lake Elmo Planning Department and the Lake
Elmo Planning Commission; and
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2. That the request is to amend the Zoning Map for Parcel 1 from Commercial PUD (C-PUD) to Public Right-of-Way; and
3. That the request is to amend the Zoning Map for Parcel 2 from Public Right-of-Way to Commercial PUD (C-PUD). 4. That the proposed amendment is consistent with the overall intent and purpose of the City of Lake Elmo Zoning Code. Staff recommends the following condition of approval: 1. The rezoning shall not be effective until such time as the Met Council approves the Comprehensive Plan Amendment. 2. The applicant shall record the Zoning Map Amendment with the County Recorder upon Met Council approval. FISCAL IMPACT:
There would be no fiscal impact to the City at this time. RECOMMENDATIONS:
Comprehensive Plan Amendment Staff recommends that the Planning Commission recommend approval of an amendment to the Land Use Plan of the Comprehensive Plan for Parcel #1 from C (Commercial) to ROW (right-of-way) and for Parcel #2 from ROW (right-of-way) to C (Commercial) with the following motion: “Move to recommend approval of a Comprehensive Plan amendment from C (Commercial) to ROW (right-of-way) for Parcel #1 and from ROW (right-of-way) to C (Commercial) for Parcel #2. This recommendation is based on the findings listed in the Staff report and subject to the condition listed in the staff report. Zoning Map Amendment
Staff recommends that the Planning Commission recommend approval of the zoning map amendment of Parcel #1 from Commercial PUD (C-PUD) to Public Right-of-Way and Parcel #2 from Public Right-of-
Way to Commercial PUD (C-PUD) with the following motion: “Move to recommend approval of a zoning map amendment of Parcel #1 from Commercial PUD (C-
PUD) to Public Right-of-Way and Parcel #2 from Public Right-of-Way to Commercial PUD (C-PUD). This recommendation is subject to the City’s recommendation to amend the Comprehensive Plan for the parcels and is based on the findings listed in the Staff report and subject to the conditions listed in the staff report.” ATTACHMENTS:
• Site Map
• Comprehensive Plan Amendment Application
• Zoning Map Amendment Application
• Narrative
• Existing Zoning/Land Use Exhibit
• Proposed Zoning/Land Use Exhibit
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PRIVATERDDrake Zoning and Land Use Change
Parcels
Municipals
8/16/2023, 11:23:40 AM
0 0.1 0.20.05 mi
0 0.15 0.30.07 km
1:9,028
Comprehensive Plan Amendment
and Rezoning Narrative
Lake Elmo, MN
Prepared for:
Drake Real Estate Services
July 24, 2023
SUBMITTED TO
Lake Elmo Planning & Zoning
3880 Laverne Avenue N
Lake Elmo, MN 55042
PREPARED BY
Landform Professional Services, LLC
105 5th Ave S, Suite 513
Minneapolis, MN 55401
Landform®, SensiblyGreen® and Site to Finish® are registered service marks of Landform Professional Services, LLC
TABLE OF CONTENTS
Introduction .................................................................................................................................................. 1
Background ................................................................................................................................................... 1
Comprehensive Plan Amendment ................................................................................................................ 2
Rezoning ........................................................................................................................................................ 2
Summary ....................................................................................................................................................... 2
Contact Information ...................................................................................................................................... 2
Electric Auto Sales & Service, Lake Elmo, MN July 24, 2023 DLR22002 1
Introduction
On behalf of Drake Motor Partners LE LLC, Landform is pleased to submit this application for a Comprehensive Plan Amendment and Rezoning for a portion of the parcel located at 9923 Hudson Boulevard North as part of the land
exchange with the City.
The site includes the following PIDs:
Parcel #1 (Dairy Queen site) – 34.029.21.44.0004
Parcel #2 (City Right-of-way) – 34.029.21.44.0012
The legal description of the parcels is as follows:
Parcel #1 – Lot 1, Block1, EBERTZ ADDITION, Washington County, Minnesota. Parcel #2 – Parcel 33B, Minnesota Department of Transportation Right of Way Plat No. 82-43, Washington County, Minnesota.
Project Contacts
Owner: Drake Motor Partners LE LLC Applicant: Jon Hauser
496 South Broadway 496 South Broadway Denver, CO 80209 Denver, CO 80209
hauser@drakeres.com hauser@drakeres.com 303-825-6200 303-825-6200
Engineer: Tom Meyer, PE Dairy Queen Joseph Radach, PE
105 South 5th Avenue Engineer: 8915 Vernon Street Suite 513 Rockford, MN 55373
Minneapolis, MN 55401 jradach@contourcd.com
tmeyer@landform.net 612-730-2265 612-638-0241
Background
The site was previously platted as part of the Ebertz Addition. An exhibit is attached with the submittal that describes and illustrates the land exchange and provides a legal description for the portion of each parcel that has been
exchanged. An equal portion of land, approximately 0.02 acres, has been swapped between the two parties. A land
exchange was proposed between the City and the property owner to accommodate the location of a pylon sign for the Ebertz Addition with proximity to Highway 94. The benefit to the City is having more land abutting the Hudson
Boulevard right-of-way.
The purpose of the comprehensive plan amendment and rezoning is to make the sections of the parcels exchanged by the City and Drake Motor Partners LE LLC consistent with the proposed uses and comprehensive plan. A
Comprehensive Plan Amendment and Rezoning will allow the proposed right-of-way and commercial uses on the exchanged sections of either parcel.
The proposed use of Lot 1, Block 1, Ebertz Addition is a Dairy Queen fast-food restaurant. A pylon sign for Ebertz
Addition development will be located on the area of Parcel 2 to Lot 1, Block 1. The proposed Dairy Queen use and a
Electric Auto Sales & Service, Lake Elmo, MN July 24, 2023 DLR22002 2
comprehensive sign plan for the pylon sign were approved with the PUD approvals. Parcel 2 will be combined with
Lot 1, Block 1 and Parcel 1 to the City will be combined with the existing right-of-way.
Comprehensive Plan Amendment
We are requesting approval of a Comprehensive Plan Amendment to re-guide the following:
Parcel 1 to the City: Amend future land use designation from Commercial (C) to
Right-of-way (ROW)
Parcel 2 to Lot 1, Block 1: Amend future land use guidance from Right-of-way (ROW) to Commercial (C)
The Comprehensive Plan Amendment is required to be consistent with the planned uses.
Rezoning
We are requesting approval of a Zoning Map Amendment to re-zone the following:
Parcel 1 to the City: Rezone from Commercial PUD (C-PUD) to Public Right-of-Way
Parcel 2 to Lot 1, Block 1: Rezone from Public Right-of-Way to Commercial PUD (C-PUD)
The proposed rezoning is consistent with the comprehensive plan, in accordance with the comprehensive plan
amendment also requested with this application.
Summary
We respectfully request approval of the Comprehensive Plan Amendment and Rezoning to allow for the land
exchange between the City right-of-way and Lot 1, Block 1, Ebertz Addition. We anticipate the application will be
heard at the Planning Commission on September 11th with the final action by City Council on October 3rd.
Contact Information
This document was prepared by:
Nicholas Ouellette Landform
105 South Fifth Avenue, Suite 513
Minneapolis, MN 55401
Any additional questions regarding this application can be directed to Tom Meyer at tmeyer@landform.net or 612.638.0241.
ADDITIONPROPOSEDDQ BUILDINGPROPOSEDPYLON SIGNPARCEL 1 TO CITYPARCEL 2 TO LOT 1, BLOCK 146.59S46°03'26"E56.76
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42.6944.15S89°54'16"WS46°03'26"E61.42MOST WESTERLYCORNER OF LOT 1SOUTH LINE OF PARCEL 33BSOUTHWESTERLY LINE OF LOT 1H
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Services, LLC.Property Line AdjustmentELECTRIC AUTO DEALERSHIP • Lake Elmo, MN • 05.08.2023NORTH080EXISTING DESCRIPTIONS:Dairy QueenLot 1, Block1, EBERTZ ADDITION, Washington County, Minnesota.City of Lake ElmoParcel 33B, Minnesota Department of Transportation Right of Way Plat No. 82-43, Washington County, Minnesota.PROPOSED DESCRIPTIONS:Proposed Dairy QueenLot 1, Block1, EBERTZ ADDITION, Washington County, Minnesota, Except that part lying west of the following described line: Commencing at the mostwesterly corner of said Lot 1, thence South 46 degrees 03 minutes 26 seconds East, plat bearing, along the southwesterly line of said Lot 1, a distance of46.59 feet to the Point of Beginning of the line to be described; thence North 00 degrees 05 minutes 44 seconds West, a distance of 56.76 feet to thenorthwesterly line of said Lot 1 and there terminating.AndThat part of Parcel 33B, Minnesota Department of Transportation Right of Way Plat No. 82-43, Washington County, Minnesota, described as follows:Commencing at the most westerly corner of Lot 1, Block 1, EBERTZ ADDITION, said Washington County; thence South 46 degrees 03 minutes 26seconds East, plat bearing, along the southwesterly line of said Lot 1, a distance of 46.59 feet to the Point of Beginning; thence continuing South 46degrees 03 minutes 26 seconds East, along last said line, a distance of 61.42 feet to the south line of said Parcel 33B; thence South 89 degrees 54minutes 66 seconds West, along last said line, a distance of 44.15 feet to a line bearing South 00 degrees 05 minutes 44 seconds East from the Point ofBeginning; thence North 00 degrees 05 minutes 44 seconds West, a distance of 42.69 feet to the Point of Beginning.Proposed Lake ElmoParcel 33B, Minnesota Department of Transportation Right of Way Plat No. 82-43, Washington County, Minnesota, Except that part described as follows:Commencing at the most westerly corner of Lot 1, Block 1, EBERTZ ADDITION, said Washington County; thence South 46 degrees 03 minutes 26seconds East, plat bearing, along the southwesterly line of said Lot 1, a distance of 46.59 feet to the Point of Beginning; thence continuing South 46degrees 03 minutes 26 seconds East, along last said line, a distance of 61.42 feet to the south line of said Parcel 33B; thence South 89 degrees 54minutes 66 seconds West, along last said line, a distance of 44.15 feet to a line bearing South 00 degrees 05 minutes 44 seconds East from the Point ofBeginning; thence North 00 degrees 05 minutes 44 seconds West, a distance of 42.69 feet to the Point of Beginning.AndThat part of Lot 1, Block 1, EBERTZ ADDITION, Washington County, Minnesota, lying west of the following described line: Commencing at the mostwesterly corner of said Lot 1, thence South 46 degrees 03 minutes 26 seconds East, plat bearing, along the southwesterly line of said Lot 1, a distance of46.59 feet to the Point of Beginning of the line to be described; thence North 00 degrees 05 minutes 44 seconds West, a distance of 56.76 feet to thenorthwesterly line of said Lot 1 and there terminating.
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