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HomeMy WebLinkAbout2017-106 - CopyVIA-IIN-Mul"'uk, 16-2 &IN UK#] ail I lawl M ITII WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Mare Affair Fanii, LLC, 10880 Stillwater Blvd N, Lake Elmo, NIN 55042 (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit for a commercial boarding facility for the property located at 10880 Stillwater Blvd N (PID# 14.029.2 1.11.000 1) (the "Property"); and WHEREAS, the Applicant also submitted an application to the City for a Zoning Text Amendment to allow commercial boarding facilities as a conditional accessory use within the Agricultural zoning district; and WHEREAS, notice has been published, inailed 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 September 11, 2017; and WHEREAS, the City Council considered said matter at its October 3, 2017 and October 17, 2017 meeting; and NOW, THEREFORE, based on the testimony elicited and inforination received, the City Council makes the following: I 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- 5090200 SJS LAS15-1 a) A Conditional Use Pen it for a commercial boarding facility for the property located at 100 Stillwater Blvd N. 4) That the Conditional Use Permit for a commercial bearding °facility will be for the Property legally described as follows; NEI14 OF SEC 14 SUBJECT TO A HIGHWAY EASEMENT FOR COUNTY STATE AID HIGHWAY 17 OVER EAST 50.00 FEET THEREOF AS,DESCRIBED IN SAID BOOK 258 OF DEEDS PAGES 39 AND 40-A DSO SUBJECT TO A HIGHWAY EASEMENT FOR TRUNK HIGHWAY 5 AS DESCRIBED IN BOOK 246 OF DEEDS PAGE 592 SECTION 14 TOWNSHIP 029 RANGE 021. 5) That the Zoning Text Amendment that was proposed by the Applicants allows commercial boarding facilities as a conditional accessory use within the Agricultural zoning district: o) That the City denied the Applicant's Zoning; Map Amendment to rezone the Property from Rural Development Transitional to Agricultural. ) That the City denied the Applicant's Zoning Text Amendment to allow commercial boarding facilities as conditional accessory uses within the Agricultural zoning; district. ) That since the Zoning Text Amendment and the Zoning`Map Amendment applicants were denied, the Applicant's application for a conditional use permit for a commercial boarding facility must also be denied because commercial boarding facilities are not allowed as a conditional accessory uses within the Property's current zone, which is Rural Development Transitional. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Lake Elmo City Council hereby denies the request by Mare Affair Farn for a Conditional Use Permit for a commercial boarding facility. Passed and duly adopted this 17t" day ofOctober, 2017 by the CityCouncil of the City of Lake Elmo, Minnesota, w µ A 4in, _ Mike Pearson, Mayor Jul J ity Clerk Resolution 2017- 2 5{}c020vi SJS LA515-1