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5) That the proposed Interim Use will make use of the existing facilities that are <br />used to support the Christmas tree farm, including a sales building, warming <br />house, and off-street parking area, and that the terms and conditions associated <br />with the interim use will not apply to any portion of the site that is already used for <br />permitted activities, including the current tree farm. <br />6) That the applicant will be allowed to supplement the sale of Christmas trees <br />grown on-site with trees grown off-site throughout the duration of the interim use <br />permit, regardless of whether or not applicant sells produce grown off-site in any <br />given year. <br />7) That the proposed use will be located on property legally described as: Part of <br />the east half (1/2) of the southeast quarter (1/4) lying northerly of the current <br />existing east-west right-of-way known as 43rd Street North, in Section 11, <br />Township 029 West, Range 21 North in Washington County and State of <br />Minnesota. Commonly known as 4452 Lake Elmo Avenue North. <br />8) That the use is allowed as an interim use in the respective zoning district and <br />conforms to standard zoning regulations. The Agricultural and Rural Residential <br />zoning districts were amended in 2010 to include Agricultural Sales Business as <br />an Interim Use in each district. <br />9) That the use will not adversely impact nearby properties through nuisance, noise, <br />traffic, dust, or unsightliness and will not otherwise adversely impact the health, <br />safety, and welfare of the community. The Krueger's Christmas Tree Farm has <br />been in operation for approximately 30 years. Staff is not aware of any issues or <br />nuisance conditions that have been identified in this period of time, and the <br />proposed Interim Use Permit will not alter the current operations in any significant <br />manner. <br />11) That the date or event that will terminate the use is identified with certainty. The <br />interim use agreement establishes a termination date for the permit that is set at <br />January 1, 2032 or upon the sale or transfer of ownership in the property, <br />wi,icirever occ ins-fifir <br />12) That the interim use will not impose additional costs on the public if it is <br />necessary for the public to fully or partially take the property in the future. Thd <br />aI plicant is not requesting to add any additional structures at this time <br />13) That there are no delinquent property taxes, special assessments, interest, or <br />city utility fees due upon the subject parcel. <br />