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5 <br /> <br />Landscape Architect (Memo dated (1/6/2023) <br />1. It is recommended that the landscape and tree preservation plans be approved on the <br />condition that the planning schedule on L200 be amended to change the size of the <br />Degroot’s Spire Arborvitaes to 6’ and that the sheets be signed by a professional prior to <br />constriction. <br /> <br />RECCOMMENDED CONDITIONAL USE FINDINGS <br />Conditional use means a land use or development as defined by ordinance that would not be <br />appropriate generally but may be allowed with appropriate restrictions as provided by official <br />controls only upon a finding that all of the following provisions are met. Staff recommends the <br />following findings: <br /> <br />1. The proposed use will not be detrimental to or endanger the public health, safety, comfort, <br />convenience or general welfare of the neighborhood or the city. The proposed use will not <br />endanger the public health, safety, comfort, convenience or general welfare of the <br />neighborhood or the City. <br /> <br />2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The site is <br />already zoned in conformance with the intent of the Old Village District of the Village <br />Planning Area and the Village Mixed Use zoning district. <br /> <br />3. The use or development is compatible with the existing neighborhood. The proposed use is <br />compatible with the existing single family residential in the neighborhood. The design of <br />the proposed structure is consistent with the surrounding area in terms of building height, <br />building materials, colors, and variations of pitched roofs. <br /> <br />4. The proposed use meets all specific development standards for such use listed in the Zoning <br />Code. The use meets all the specific development standards for single family attached <br />dwellings set forth in LEC 105.12.820(a)(3). <br /> <br />5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets <br />all the specific standards for such use listed in Article XIX (Shoreland Management) and <br />Title 100 (Flood Plain Management). The proposed use is not within a Shoreland <br />Management District or a Floodplain Management zone. <br /> <br />6. The proposed use will be designed, constructed, operated, and maintained so as to be <br />compatible in appearance with the existing or intended character of the general vicinity and <br />will not change the essential character of that area. The design of the proposed structure is <br />designed to be compatible with the height, colors, and building materials of the <br />surrounding area. <br /> <br />7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to <br />existing or future neighboring structures. The use is not hazardous and will not create a <br />nuisance. <br /> <br />8. The proposed use will be served adequately by essential public facilities and services, <br />including streets, police and fire protection, drainage structures, refuse disposal, water and <br />sewer systems and schools or will be served adequately by such facilities and services