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CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2001 -040 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A NON - AGRICULTURAL LOW IMPACT USE FOR NEIL SIVERSON AND SUSAN OTTO- SIVERSON WHEREAS, Neil Siverson and Susan Otto - Siverson (herein applicant), are the fee owners of approximately 36.82 acres of land (herein applicant property), located in the City of Lake Elmo (herein City), is illustrated on Exhibit "A" attached, and is legally described as follows: The East 660 feet of SE '/4, except therefrom the East 190 feet of South 710 feet of Section 28, Township 29, Range 21 and known as 8940 15th Street N., Lake Elmo, Minnesota. WHEREAS, applicant has requested a Conditional use Permit, would specifically apply to approximately 4.5 acres of the applicant's property (the CUP Area) which is illustrated on attached Exhibit `B ", and which is legally designed as follows: LEGAL TO BE INSERTED WHEREAS, the Conditional Use Permit, if approved, would allow applicant, its successors and assigns, to utilize the CUP Area for certain Non - Agricultural Low Impact Uses, subject to the City's Regulations, and subject to the conditions attached to the City's approval. WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on May 14, 2001., and reviewed and recommended approval of the Conditional Use Permit based upon the following findings. I . The proposed use will not impact the public health, safety, morals, convenience, or general welfare of the occupants of surrounding lands. 2. The proposed use will result in additional traffic to the site, but the projected traffic increase will not exceed the traffic standards contained in the City's regulations. 3. The public utility systems and the capacity of the school district will not be impacted by the proposed use. 4. The proposed use will not depreciate surrounding property values for the following reasons: a. The CUP Area will be screened by vegetation in accordance with the landscape plan. b. Approximately 32.32 acres of agricultural lands will be preserved from development. c. The proposed use will not generate noise, pollution, or cause any other nuisance. 5. The proposed use is in keeping with the intent and purpose of the City's Comprehensive Plan and Zoning Ordinance. WHEREAS, the Lake Elmo City Council, on June 5, 2001, reviewed the application and the recommendation of the Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Lake Elmo City Council, that a Conditional use Permit is hereby approved for applicant's property subject to the following conditions: I . The permitted uses within the CUP Area shall be as follows: a. Outdoor storage of cars, trucks, boats, trailers, recreational vehicles, recreational equipment, and other vehicles or mobile equipment under 26,000 pound of tare weight.