Resolution 2009-052 - Laserfiche WebLink

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WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.017; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 23, 2009; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated December 1, 2009; and WHEREAS, the City Council considered said matter at its December 1, 2009, meeting. NOW, THEREFORE, based on the testimony elicited and information received, the Board of Adjustment makes the following findings: 1) That the procedures for obtaining said Map Amendment are found in the Lake Elmo Zoning Ordinance, Section 154.020. 2) That all the submission requirements of said Section 154.020 have been met by the Applicant. 3) That the proposed rezoning of the property is from Rural Residential to Agricultural for the entire 33.44 acres. 4) The Rural Residential zoning district has a 10 acre minimum lot size requirement while the Agricultural zoning district has a 40 acre minimum lot size. The rezoning of the parcel to Agricultural would result in non-conformance to the minimum lot size as the parcel is 33.44 acres. 5) Relocating the greenhouses would still allow for reasonable use of the current property, thereby resulting in a de facto expansion of business activity and, with it, traffic concerns and other public health, life and safety considerations. 6) The proposed rezoning would be preemptive in nature as the applicant's intent is to move a greenhouse to the property which may or may not be in conflict with a currently unknown, unplanned or unscheduled future reconfiguration of the intersection of County Road 17 and State Highway 36. 7) As public infrastructure would be significantly impacted by any re-zoning and subsequent access road and greenhouse relocation, the public stands to have such disruption of public services occur on multiple times and at significantly increased cost due to this premature rezoning;