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C4 RESOLUTION 91 -29 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO SECTION 505.020 AND 301.060 OF THE LAKE ELMO MUNICIPAL CODE, AND VARIANCES TO THE FOLLOWING SECTIONS OF THE LAKE ELMO MUNICIPAL CODE: SECTION 505.260 ALLOWING FOR THE CONSTRUCTION OF AN ADVERTISING SIGN AT A DISTANCE LESS THAN 3,000 FEET FROM THE ADJACENT SIGNS; SECTION 505.090 ALLOWING SIGN TO BE ILLUMINATED BEYOND NORMAL BUSINESS HOURS; SECTION 301.070 D.7.c. TO ALLOW CONSTRUCTION OF THE ADVERTISING SIGN ON LESS THAN ONE AND ONE -HALF ACRES; TO JAMIE LYNN OLSON, TODD JAMES OLSON AND WENDY MICHELLE OLSON FOR THE CONSTRUCTION OF A 200 SQUARE FOOT ILLUMINATED ADVERTISING SIGN. WHEREAS, Jamie Lynn Olson, d /b /a Ad Venture Media, Inc., and Wendy Michelle Olson and Todd James Olson (applicants) made application to the City of Lake Elmo on November 11, 1988 for a Conditional Use Permit for an advertising sign in the General Business Zoning District; and WHEREAS, this Conditional Use Permit application also included variance requests for the distance between signs, the hours the sign could be illuminated, and the size of the lot on which the sign was to be placed; and WHEREAS, the Lake Elmo City Council denied the applicants' request for the Conditional Use Permit and variances at a meeting held on January 17, 1989; and WHEREAS, applicants filed a Petition for Writ of Mandamus with the Washington County Court on .tune 7, 1989; and WHEREAS, on August 12, 1991 Gary Schurrer, Judge of District Court, Washington County, Minnesota issued the following order: THAT a Writ of Mandamus shall issue commanding the City of Lake Elmo, Defendant- Respondent herein, to: a. grant Plaintiffs a variance from Lake Elmo Ordinance 505.260, allowing for the construction of an advertising sign at a distance less than 3,000 feet from the adjacent signs. b. grant Plaintiffs a variance from Lake Elmo Ordinance 505.090, allowing Plaintiffs to erect an advertising sign which will be illuminated beyond normal business hours: c. grant Plaintiffs a variance from the Lake Elmo lot size requirement, allowing Plaintiffs the opportunity to construct the advertising sign; and