HomeMy WebLinkAbout#14 ZMA and CUP for 3549 Lake Elmo Ave Christ Lutheran Church STAFF REPORT
DATE: 2/21/2017
REGULAR
ITEM #: 15
MOTION
TO: City Council
FROM: Emily Becker, City Planner
AGENDA ITEM: 3549 Lake Elmo Avenue Zoning Map Amendment and Conditional Use
Permit
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City has received two requests from Christ Lutheran Church, ELCA, of 11194 36th Street North:
• Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from
GB – General Business District to VMX – Village Mixed Use.
• Conditional Use Permit to allow a parking facility as a principal use on a lot.
ISSUE BEFORE COUNCIL:
The Council is being asked to consider a request for a Zoning Map Amendment to rezone 3549 Lake Elmo
Avenue (Property) to VMX – Village Mixed Use and for a Conditional Use Permit for a parking facility as
a principal use on Tract B of the property, as shown in the attached survey dated 11-30-12. The Council is
also being asked to re-affirm a previously approved Minor Subdivision for the property, as depicted on the
attached survey.
PROPOSAL DETAILS/ANALYSIS:
See Attached Information. The background and reason for the request may be found in the attached
Planning Commission Staff Report. The recommended Ordinance 08-170 approving the zoning map
amendment; recommended Resolution 2017-017 approving the Conditional Use Permit; and re-affirmance
of the minor subdivision by Resolution 2017-018 are attached and outline conditions of approval.
Re-Affirmation of Minor Subdivision. The approval of a Zoning Map Amendment and Conditional Use
Permit will allow for the subject property to be subdivided, as explained in the attached Planning
Commission Staff Report. The City Attorney has advised that although there is nothing in our Code that
says a Minor Subdivision will become invalid if not processed with the County after a certain amount of
time, it would be advisable to re-affirm the Minor Subdivision request. Re-affirmation of the Minor
Subdivision can be done by adopting Resolution 2017-018, attached to this report.
Planning Commission/Public Hearing. The Zoning Map Amendment and Conditional Use Permit
requests were noticed to property owners within 350 feet of the subject property. A public hearing was held
at the Planning Commission meeting on February 13, 2017. No one spoke at the public hearing, and no
comments were received prior to the meeting.
• Zoning Map Amendment: Commission recommended approval 6-0.
• Conditional Use Permit: Commission recommended approval 6-0.
o The Commission made a motion to strike Condition #2, but the motion failed 3-3. Staff
does not recommend striking this motion, as the Code says that parking requirements may
be waived in the VMX district. This is something that should be vetted, and it was clearly
vetted in the past, as it was a condition of the previously-granted Variance and Minor
Subdivision approvals.
• Re-affirmance of Minor Subdivision Approval: Commission recommended approval 6-0.
FISCAL IMPACT:
The re-zoning and Conditional Use Permit will facilitate the sale of the parcel of land on which the former
Lank Elmo Bank building is located for its reuse and return as a thriving taxable property.
OPTIONS:
The Council may:
• Approve Zoning Map Amendment; Conditional Use Permit with recommended conditions; and re-
affirm approval of the Minor Subdivision.
• Amend recommended conditions of approval and approve the requested Zoning Map Amendment
and Conditional Use Permit with conditions as amended and re-affirm approval of the Minor
Subdivision.
• Deny the Zoning Map Amendment; Conditional Use Permit; and Re-affirmance of Minor
Subdivision.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of the Zoning Map Amendment to rezone the
property located at 3549 Lake Elmo Avenue North from GB – General Business to VMX – Village Mixed
Use.
“Move to adopt Ord. 08-170 approving a Zoning Map Amendment to rezone the property located at
3549 Lake Elmo Avenue from GB – General Business to VMX – Village Mixed Use.”
Staff recommends that the Planning Commission recommend approval of the request for a Conditional Use
Permit to allow the use of a parking facility on ‘Tract B/Parcel 2’ as shown in the attached Certificate of
Survey dated 11-20-12.
“Move to adopt Resolution 2017-017 approving a Conditional Use Permit for a parking facility on the
property legally described as “Lot 29 except the south 40 feet thereof, County Auditor’s Plat No. 8,
Washington County, MN.”
The Council may also wish to re-affirm approval of a Minor Subdivision for the property located at 3549
Lake Elmo Avenue North.
“Move to adopt Resolution 2017-018 re-affirming approval of a Minor Subdivision granted by
Resolution 2013-46.”
ATTACHMENTS:
• Application
• Planning Commission Staff Report
• Draft Ord 08-170 Zoning Map Amendment
• Draft Resolution 2017-017 Approving a Conditional Use Permit for a parking facility
• Draft Resolution 2017-018 Re-affirming Approval of Minor Subdivision
• Resolution 2013-07 & 2013-46 approving a variance from minimum lot size and width
requirements and Minor Subdivision for 3549 Lake Elmo Avenue
• Planning Commission meeting minutes 02/13/2017
STAFF REPORT
DATE: 2/13/2017
PUBLIC HEARING
ITEM #: 4a & 4b (Case 2017-05)
MOTION
TO: Planning Commission
FROM: Emily Becker, City Planner
AGENDA ITEM: 3549 Lake Elmo Avenue Zoning Map Amendment and Conditional Use
Permit
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
The City has received two requests from Christ Lutheran Church, ELCA, of 11194 36th Street North:
Zoning Map Amendment to rezone the property located at 3549 Lake Elmo Avenue North from
GB – General Business District to VMX – Village Mixed Use.
Conditional Use Permit to allow a parking facility as a principal use on a lot.
Existing Parking lot and former Lake Elmo Bank Building
Land Use:
Existing Zoning: GB - General Business District
Surrounding Single family homes (RS – Rural Single Family) to the North, West, and East;
Use/Zoning: Lake Elmo Public Library (GB – General Business) to the South.
Comprehensive VMX – Village Mixed Use
Plan:
History: The City conducted a site plan review when Lake Elmo Bank proposed
construction of the building that currently exists on the property in 1989.
Christ Lutheran Church (Church/Applicant) now owns the property and uses a
portion of the parking lot for parking for the church.
The church had plans to sell a portion of the property and previously requested a
variance and minor subdivision in 2013 (see Proposal Details/Analysis for further
explanation).
Deadline Application Complete – 1/23/2017
for Action: 60 Day Deadline – 3/24/2017
Extension Letter Mailed – No
120 Day Deadline – N/A
Applicable §154.500 VMX – Village Center District
Regulations: § 154.106 – Conditional Use Permits
ISSUE BEFORE COMMISSION:
The Commission is being asked to hold a public hearing and make recommendation on the request for a
Zoning Map Amendment to rezone 3549 Lake Elmo Avenue (Property) to VMX – Village Mixed Use and
for a Conditional Use Permit for a parking facility as a principal use on Tract B of the property, as shown
in the attached survey dated 11-30-12.
PROPOSAL DETAILS/ANALYSIS:
REASON FOR REQUEST
Approved Variance from Minimum Lot Size Requirements. In 2013, the City approved a
variance for the Property from the minimum lot size requirements of the GB – General Business
District so that the Church could request a Minor Subdivision, separating a portion of the parking
lot from the former Lake Elmo Bank Building (Building).
o Reason for Minor Subdivision Request. The Church had plans to sell the property but found
that potential buyers believed that the amount of parking provided on the Property
exceeded the required parking for the building. Therefore, the Church wanted to subdivide
the Property in to two parcels: one that would contain the Building and a small parking
area (Tract A, as shown on the attached survey) and one that would provide parking for the
Church (Tract B).
o Reason for Variance Request. The resultant parcels would be 0.42 acres and 0.27 acres,
not meeting the minimum lot size requirement of the GB – General Business District of
1.5 acres or the minimum lot width.
Approved Minor Subdivision Request. The City subsequently approved the Minor Subdivision
request.
Conditions. The Variance and Minor Subdivision were approved with the following conditions:
o Shared Parking. That the Church execute a shared-parking agreement with the future
owners of the Building to allow tenants to use the larger parking area when the Church is
not using it.
o Drainage Easement. Drainage easement be provided along the storm water infiltration area
that collects storm water runoff from both parcels.
Minor Subdivision Not Executed, Variance Expired. The Minor Subdivision was never
executed, as the Church had not found a buyer and therefore was not able to satisfy the condition
of approval that a shared parking agreement be executed. The Church now has a buyer, and would
like the City to sign off on the subdivision, but the City cannot, as the proposed lots do not meet lot
size or width standards of the current zoning of the property.
o While there is nothing in the Code that dictates a time period by which an applicant must
execute a minor subdivision after City approval, the Zoning Code states that a variance
shall expire if work does not commence within a year of the date it is granted.
o Therefore, the variance which allowed for the minor subdivision of a parcel which creates
two lots which do not meet minimum lot size standards has expired.
ZONING MAP AMENDMENT
Rezoning Required. In order to approve a land use request, the use should be consistent with the
Comprehensive Plan. The Property is guided for VMX – Village Mixed Use. The Variance from
the minimum lot size standards for this Property was granted before the Village Mixed Use district
was created. Now that this zoning district exists, rezoning the property to VMX – Village Mixed
Use would be the best approach, as it would satisfy the following:
o Consistency with Comprehensive Plan. As explained above.
o Minimum Lot Size/Maximum Impervious Surface Requirements. The VMX – Village
Mixed Use Zoning District does not have minimum lot area or width requirements, nor
does it have maximum impervious surface requirements for non-residential uses, therefore
bringing the Property in to compliance.
o Parking Requirements. It is not yet known for sure what the use of the building will be, so
Staff is unable to calculate what would be required for parking according to the City’s
Off-Street Parking Regulations. The following off-street parking standards may be
waived for lots zoned VMX:
Required minimum number of off-street parking spaces.
The requirement that off-street parking areas containing more than four parking
spaces be located a minimum of 20 feet from the boundary of a lot zoned or used
for residential purposes.
o Use. A parking facility is a conditional use in the VMX – Village Mixed Use District,
whereas it is not an allowed principal use in the GB – General Business District.
Recommended Condition of Approval. The attached ordinance requires that the City receive the
recorded documents or document numbers which effectuate the minor subdivision approved by
Resolution 2013-46. This is necessary, as the ordinance provides the proposed legal descriptions
of the two parcels after the minor subdivision is recorded.
CONDITIONAL USE PERMIT
Conditional Use Permit Required for Parking Facility in VMX District.
As previously stated, a conditional use permit for a parking facility in the VMX District is required.
While the parking lot already exists, it does not exist as the principal use of the parcel; it serves as
an accessory use to the former Lake Elmo Bank building.
The minor subdivision will result in the parking facility becoming the principal use of the new
parcel (Tract B), creating the need for a conditional use permit in order to bring the parcel in to
compliance with the requirements of the VMX zoning district.
Minimum Parking Space and Aisle Dimensions.
Number. ‘Tract B’ provides 26 parking spaces.
o Christ Lutheran Church provides 33 total parking spaces, and the building located on ‘Tract
A’ has 12 total parking spaces.
Size. These are approximately 9’ in width and 20’ long, with an aisle width of 30’.
Accessibility Parking. While no handicap spaces are provided on the parcel itself, the parking lot
will serve both Christ Lutheran Church, which has four handicap parking spaces, and the building
on ‘Tract A’, which has two handicap parking spaces.
Curbing. The parking lot does not currently provide curbing as required, however, the Church is
not currently requesting a current change to the parking lot itself.
o Per Code, a bumper curb or barrier of normal bumper height is to be provided five or three
feet from the property line, respectively.
o It is a recommended condition of approval that any future improvements made to the
parking lot shall be in conformance with City Code and Design Standards.
Landscaping. Trees exist on the north edge of the property; a raingarden exists on the south side of
the parking lot; mostly meeting requirements for perimeter parking lot landscaping.
o The east side of the parking lot is not screened, as it connects to an alley.
o The number of parking spaces does not require interior parking lot landscaping.
o It is a recommended condition of approval that any future improvements made to the
parking lot shall be in conformance with City Code and Design Standards.
Village Improvement Project. Temporary easements were granted to Washington County for the purpose
of highway construction for the improvement and protection of County State Aid Highway 17 (Lake Elmo
Avenue). These easements expire September 30, 2017.
Drainage Easement Still Needed. A condition of approval of both the approved variance and minor
subdivision was that a drainage easement be provided across the storm water infiltration area that collects
storm water runoff from both parcels. This will allow ‘Tract A’ to utilize the storm water infiltration area
of ‘Tract B.’ This has not yet been recorded but has been drafted. It is recommended that the execution and
recording of this document be added as a condition of approval to the Conditional Use Permit.
Parking Agreement Still Needed. A condition of approval of both the approved variance and
minor subdivision was that the Applicant execute and record a shared parking easement in a form
acceptable to the City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B,’ as shown in the
Certificate of Survey dated 11-20-12 to another party. This easement was to allow any future tenants
of the building on Tract A to use the parking lot on Tract B during time periods when this lot is not
used by the Applicant, and be reciprocal. This has not yet been recorded, as the Church hadn’t found
a buyer. This is recommended to be added as a condition of approval to the Conditional Use
Permit.
Drainage and Utility Easement over Storm Sewer Pipe. There is an existing storm sewer pipe
that was reinstalled new as part of the Downtown project under a prescriptive easement. It is a
recommended condition of approval that this easement be formalized.
Recommended Findings. Staff recommends the following required findings for allowing a conditional
use:
1. The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The use has already existed
for a number of years and has not shown to be detrimental.
2. The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area
is guided for VMX – Village Mixed Use in the Land Use Guide of the Comprehensive
Plan. Parking facility is a conditional use in this district.
3. The use or development is compatible with the existing neighborhood. A parking facility
will alleviate parking needs for the nearby church and building on the parcel to the
south through a shared parking agreement.
4. The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter. There are no specific development standards for a parking facility in
Article 7.
5. If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is
located outside the 0.2% annual chance floodplain.
6. The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area. The use is existing and will not change
the existing or intended character of the general vicinity or alter the essential character.
7. The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. The use is existing and will deter church goers
and tenants of the building to the south from parking on the street, thereby allowing for
more on-street parking for surrounding residents and visitors to the downtown area.
8. The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
The use will not change and has been served adequately thus far.
9. The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
The use will not change and therefore will not create additional requirements or cost.
10. The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The
use will not involve anything that would be detrimental.
11. Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. The use will create no more
traffic congestion than already exists at the site.
12. The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
Recommended Conditions of Approval. If approved, Staff recommends the following conditions of
approval for the Conditional Use Permit allowing the use of a parking facility on ‘:
1. This Conditional Use Permit is effective upon the recording Minor Subdivision, as approved
by Resolution 2013-46. Recording of the aforementioned Minor Subdivision must be
executed within one year of the date of approval of this Conditional Use Permit.
2. The Applicant shall execute and record a shared parking easement in a form acceptable to the
City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B,’ as shown in the Certificate
of Survey dated 11-20-12 to another party. This easement shall allow any future tenants of
the building on Tract A to use the parking lot on Tract B during time periods when this lot is
not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use
of the parking stalls that will be retained by the future owners of Tract A.
3. The Applicant shall execute and record a drainage and utility easement across the storm
water infiltration area in a form acceptable by the City Attorney prior to the transfer of either
‘Tract A’ or ‘Tract B’ to another party.
4. Future improvements to the parking lot shall be in conformance with City Code and Design
Standards.
5. The Applicant shall execute and record a drainage and utility easement across the existing
storm sewer pipe located along the south property line of ‘Tract A.’
RE-AFFIRMING MINOR SUBDIVISION APPROVAL
As previously mentioned, the variance which allowed for the City to approve the Minor Subdivision
granted by variance 2013-46 has expired. There is nothing that states that a Minor Subdivision must
be recorded by a specific amount of time. The City Attorney has been consulted and has stated that
State Statute allows but does not require governing bodies to mandate a time by which a minor
subdivision be recorded before it becomes invalid. If the Zoning Map Amendment and Conditional
Use Permit are required by Council, the City Attorney recommends that for clarification purposes, a
Resolution be passed re-affirming the Minor Subdivision. A draft of this Resolution is attached.
FISCAL IMPACT:
The re-zoning and Conditional Use Permit will facilitate the sale of the parcel of land on which the former
Lank Elmo Bank building is located for its reuse and return as a thriving taxable property.
OPTIONS:
The Commission may:
Recommend approval of the requested Zoning Map Amendment and Conditional Use Permit with
recommended conditions.
Amend recommended conditions of approval and recommend approval of the requested Zoning
Map Amendment and Conditional Use Permit with conditions as amended.
Recommend denial of the Zoning Map Amendment and Conditional Use Permit.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the Zoning Map Amendment to
rezone the property located at 3549 Lake Elmo Avenue North from GB – General Business to VMX –
Village Mixed Use.
“Move to recommend approval of the Zoning Map Amendment to rezone the property located at 3549
Lake Elmo Avenue North from GB – General Business to VMX – Village Mixed Use.”
Staff recommends that the Planning Commission recommend approval of the request for a Conditional Use
Permit to allow the use of a parking facility on ‘Tract B/Parcel 2’ as shown in the attached Certificate of
Survey dated 11-20-12.
“Move to recommend approval of a Conditional Use Permit for a parking facility on the property
legally described as ‘Lot 29 except the south 40 feet thereof, County Auditor’s Plat No. 8, Washington
County, MN’ with recommended conditions of approval.”
The Commission may also wish to recommend re-affirmance of approval of a minor subdivision for the
property located at 3549 Lake Elmo Avenue North.
“Move to recommend re-affirming approval of Minor Subdivision granted by Resolution 2013-46.”
ATTACHMENTS:
Application
Draft Ord 08- Zoning Map Amendment
Draft Resolution 2017- Approving a Conditional Use Permit for a parking facility
Draft Resolution 2017- Reaffirming the Approval of a Minor Subdivision of 3549 Lake Elmo
Avenue North
Resolution 2013-07 approving a variance from minimum lot size and width requirements
Resolution 2013-46 approving a minor subdivision for 3549 Lake Elmo Avenue
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5
FILE NO.
WASHC126774
ST. PAUL, MN 55110
3535 VADNAIS CENTER DR.
PHONE: (651)490-2000
9
5
40
SCALE IN FEET
ON BOTH SIDES
OPTION #1 - WALKS
36TH ST N
ON BOTH SIDES
36TH ST N OPTION #1 - WALKS
CONSTRUCTION
LAKE ELMO, OLD VILLAGE 2015
#3610
LOHMANN
JAMES E
#3625
SCHUMACHER
& APRIL C
CURTIS R
#3603
ALBRECHT
ANDREA
#3582
LOHMANN
EVELETH I
#3549
CHURCH PARKING LOT
CHRIST LUTHERAN
CHURCH
LUTHERAN
CHRIST
#3570
SQUADRITO
FRANK & BARBARA N
#3590
BEUTEL
ARLINE V
BRUCE W &
#3603
WACKER
& SALLYANN
WILLIAM G
#3585
LAKE ELMO
CITY OF
L
A
K
E
E
L
M
O
A
V
E
N
36TH ST N 11’ THRU LANE
11’ THRU LANE
8’ PARKING
8’ PARKING
7’ WALK
7’WALK
#3617
KOHL
KAREN L
FAINT &
DAVID S
L
A
V
E
R
N
E
A
V
E
N
120 125
LEGEND
TREE REMOVAL
SEPTIC SYSTEM LOCATION
STORM SEWER CATCH BASIN/MANHOLE
PROPOSED WATERMAIN
PROPOSED SANITARY SEWER
PROPOSED STORM SEWER
CONSTRUCTION LIMIT
RIGHT OF WAY IN PLACE
PROPERTY LINE
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
ORDINANCE NO. 08-170
AN ORDINANCE TO AMEND THE LAKE ELMO CITY CODE
BY AMENDING THE OFFICIAL ZONING DISTRICT MAP
OF THE CITY OF LAKE ELMO
The City Council of the City of Lake Elmo ordains that Lake Elmo City Code, Section
154.032 Zoning District Map, of the Municipal Code, shall be amended by adding
Ordinance No. 08-017, as follows:
Section 1: Zoning Map Amendment. The following properties are hereby rezoned
from GB – General Business District to VMX – Village Mixed Use:
The South 46.00 feet of Lot 29 and all of Lot 30, COUNTY AUDITOR’S PLAT NO. 8, Washington
County, Minnesota.
That part of Lot 29 lying north of the South 46.00 feet thereof, COUNTY AUDITOR’S PLAT NO. 9,
Washington County, Minnesota.
Section 2: This Zoning Map Amendment is conditioned on the City receiving recorded
documents or recorded document numbers for the deeds of conveyance which
effectuate the Minor Subdivision approved by Resolution 2013-46 within one year of
the effective date of this Ordinance.
Section 3: The City Council of the City of Lake Elmo also hereby ordains that the
Zoning Administrator shall make the applicable changes to the official zoning map of
the City of Lake Elmo.
Section 4: Effective Date. This ordinance shall become effective immediately upon
adoption and publication in the official newspaper of the City of Lake Elmo.
This Ordinance No. 08-170 was adopted on this 21st day of February, 2017, by a vote
of ___ Ayes and ___ Nays.
_____________________________
Mike Pearson, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk
Resolution 2017-017 1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2017-017
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PARKING FACILITY
FOR CHRIST LUTHERAN CHURCH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Christ Lutheran Church, 11194 36th Street North (the “Applicant”) has
submitted an application to the City of Lake Elmo (the “City”) for a Conditional Use Permit for a
parking facility for the property legally described as that part of Lot 29 lying north of the South
46.00 feet thereof, COUNTY AUDITOR’S PLAT NO. 8, Washington County, Minnesota (the
“Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on February 13, 2017; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated February 13, 2017;
and
WHEREAS, the City Council considered said matter at its February 21, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That the proposed Conditional Use Permit includes the following components:
Resolution 2017-017 2
a)A Conditional Use Permit for a parking facility and for the Property.
4) The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city. The use has already existed
for a number of years and has not shown to be detrimental.
5) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The area
is guided for VMX – Village Mixed Use in the Land Use Guide of the Comprehensive
Plan. Parking facility is a conditional use in this district.
6) The use or development is compatible with the existing neighborhood. A parking facility
will alleviate parking needs for the nearby church and building on the parcel to the
south through a shared parking agreement.
7) The proposed use meets all specific development standards for such use listed in Article 7 o f
this Chapter. There are no specific development standards for a parking facility in
Article 7.
8) If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management). The property is
located outside the 0.2% annual chance floodplain.
9) The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area. The use is existing and will not change
the existing or intended character of the general vicinity or alter the essential character.
10) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures. The use is existing and will deter church goers
and tenants of the building to the south from parking on the street, thereby allowing for
more on-street parking for surrounding residents and visitors to the downtown area.
11) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
The use will not change and has been served adequately thus far.
12) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
The use will not change and therefore will not create additional requirements or cost.
13) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors. The
use will not involve anything that would be detrimental.
14) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares. The use will create no more
traffic congestion than already exists at the site.
Resolution 2017-017 3
15) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Conditional Use Permit for a self-
service storage facility and outdoor vehicle storage is granted, subject to the following
conditions:
1) The Minor Subdivision, as approved by Resolution 2013-46, must be executed within one
year of the date of approval of this Conditional Use Permit.
2) The Applicant shall execute and record a shared parking easement in a form acceptable to the
City Attorney prior to the transfer of either ‘Tract A’ or ‘Tract B,’ as shown in the Certificate
of Survey dated 11-20-12 to another party. This easement shall allow any future tenants of
the building on Tract A to use the parking lot on Tract B during time periods when this lot is
not used by the Applicant. The agreement shall be drafted to be reciprocal regarding the use
of the parking stalls that will be retained by the future owners of Tract A.
3) The Applicant shall execute and record a drainage and utility easement across the storm
water infiltration area in a form acceptable by the City Attorney prior to the transfer of either
‘Tract A’ or ‘Tract B’ to another party.
4) Future improvements to the parking lot shall be in conformance with City Code and Design
Standards.
5) The Applicant shall execute and record a drainage and utility easement across the existing
storm sewer pipe located along the south property line of ‘Tract A.’
Passed and duly adopted this 21st day of February, 2017 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Michael Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2017-018
A RESOLUTION RE-AFFIRMING APPROVAL OF A MINOR SUBDIVISION FOR
CHRIST LUTHERAN CHURCH – 3549 LAKE ELMO AVE
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Christ Lutheran Church, 11194 36th Street North (Applicant) submitted an
application to the City of Lake Elmo (City) for a Minor Subdivision to split an existing parcel
located at 3549 Lake Elmo Avenue (PID 13.029.21.23.0053) (Property) into two separate parcels
in accordance with the certificate of survey dated November 20, 2012 signed by Michael
Cannon, License #40035, a copy of which is on file in the City of Lake Elmo Planning and
Zoning Department; and
WHEREAS, the Lake Elmo Planning Department reviewed the Minor Subdivision
request for consistency with the City of Lake Elmo Zoning and Subdivision Ordinances; and
WHEREAS, the Lake Elmo Board of Adjustments and Appeals approved a variance
request by the applicant to create two lots that do not meet the minimum lot size and minimum
street frontage requirements of the Lake Elmo Zoning Ordinance on February 5, 2013; and
WHEREAS, the City Council reviewed the Applicant’s Minor Subdivision request at a
meeting held on June 4, 2013 and adopted Resolution 2013-46, approving the Minor Subdivision
for Christ Lutheran Church – 3549 Lake Elmo Avenue North.
WHEREAS, the variance that was approved by the Lake Elmo Board of Adjustments
and Appeals to create two lots that do not meet the minimum lot size and minimum street
frontage requirements of the Lake Elmo Zoning Ordinance on February 5, 2013 has since
expired; and
WHEREAS, the Planning Commission has reviewed at its meeting on February 13, 2017
requests by the Applicant for a Zoning Map Amendment to re-zone the Property from GB –
General Business District to VMX – Village Mixed Use and a Conditional Use Permit to allow a
parking facility as the principal use of the property legally described as that part of Lot 29 lying
north of the South 46.00 feet thereof, County Auditors Plat No. 8, Washington County,
Minnesota; and submitted its report and recommendation concerning the requested Zoning Map
Amendment and Conditional Use Permit as part of a memorandum to the City Council for the
February 21, 2017 Council Meeting; and
WHEREAS, the City Council reviewed the Applicant’s request for a Zoning Map
Amendment and Conditional Use Permit and approved Ordinance 08-170, rezoning the Property
from GB – General Business District to VMX – Village Mixed Use, and adopted Resolution
2017-017, granting a Conditional Use Permit for the property legally described as that part of
Lot 29 lying north of the South 46.00 feet thereof, County Auditors Plat No. 8, Washington
County, Minnesota, thereby bringing the proposed Minor Subdivision in to conformance with
City Code.
NOW, THEREFORE BE IT RESOLVED, that based on the testimony elicited and
information received, the City Council of the City of Lake Elmo hereby re-affirms its approval of
the request by Christ Lutheran Church for a Minor Subdivision, provided the following
conditions are met:
1. The Applicant shall execute and record a shared parking easement in a form acceptable
the City Attorney prior to the transfer of either “Tract A” or “Tract B” to another party.
This easement shall allow any future tenants of the building on Tract A to use the parking
lot on Tract B during time periods when this lot is not used by the Applicant. The
agreement shall be drafted to be reciprocal regarding the use of the parking stalls that will
be retained by the future owners of Tract A.
2. The Applicant shall execute and record a drainage and utility easement across the storm
water infiltration area in a form acceptable the City Attorney prior to the transfer of either
“Tract A” or “Tract B” to another party.
3. The Applicant shall execute and record a drainage and utility easement over the existing
storm sewer pipe located along the south property line of the “Tract A.”
Passed and duly adopted this 21st day of February 2017 by the City Council of the City of
Lake Elmo, Minnesota.
__________________________________
Mike Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk