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2020-042
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2020-042
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the Washington County Development code as adopted by reference by the City of <br />Lake Elmo. (Ex. 18, p. 9-13.) <br />Zoning Code <br />I. City Code § 154.106(A) defines a "Conditional Use" as "land use or <br />development as defined by ordinance that would not be appropriate generally but <br />may be allowed with appropriate restrictions as provided by official controls only" <br />after the Applicant meets their burden to prove conformity with that section and the <br />City makes specific findings required by that section, which include: <br />2. The use or development conforms to the City of Lake Elmo <br />Comprehensive Plan.... <br />7. The proposed use will not be hazardous or create a nuisance as defined <br />under this Chapter to existing or future neighboring structures. <br />8. The proposed use will be served adequately by essential public facilities <br />and services, including streets, police and fire protection, drainage structures, <br />refuse disposal, water and sewer systems and schools or will be adequately <br />served by such facilities and services provided by persons or agencies <br />responsible for the establishment of the proposed use. <br />9. The proposed use will not create excessive additional requirements at <br />public costs for public facilities and services and will not be detrimental to <br />the economic welfare of the community. <br />J. City Code § 154.106(E) provides, in relevant part, that the, "Council may <br />attach whatever reasonable conditions they deem necessary to mitigate anticipated <br />adverse impacts associated with these uses, to protect the value of property within <br />the district and to achieve the goals and objectives of the Comprehensive Plan." <br />K. City Code § 154.106(E)(3)(d) further provides that the City may place <br />conditions on the use a property related to "controlling the location, availability, and <br />compatibility of utilities." <br />L. City Code § 154.1006(B) provides, "Conflict. Where the conditions imposed <br />by any provision of this chapter are either more restrictive or less restrictive than <br />comparable conditions imposed by any other law, chapter, statute, resolutions or <br />regulation of any kind, the regulations which are more restrictive or which impose <br />higher standards or requirements shall prevail." <br />M. City Code § 154.005 requires that, "Except as in this chapter specifically <br />provides, no structure shall be erected, converted, enlarged, reconstructed or altered <br />- — - and no structure or land shall be used for any purpose in- any manner -which-is not -in <br />conformity with this chapter." <br />
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