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Home My WebLink About2017-116 - CopyCITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-116 WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Chad and Colleen Bergmann, 11459 60th Street North, Lake Elmo, MN 55042, (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit to allow additional accessory structures at the property located at 11459 60" Street North (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 Cormnission held a public hearing on said matter on October 11, 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 October 17, 2017, 2016; and WHEREAS, the City Council considered said matter at its October 17, 2017 meeting, NOW, THEREFORE, based on the testimony elicited and infiannation received, the City Council makes the foll0wing.- 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 4.10 have been met by the Applicant. 3) That Subd. B of Section 154.406- Accessory Structures, Rural Districts, provides that additional accessory buildings may be considered in Agricultural and Rural Residential zones via a conditional use permit. 4) That the proposed Conditional Use Pen -nit is to allow additional accessory structures in a Rural Residential zoning district, at the property located at 11459 60tb Street North. 5) That the Conditional Use Permit amendment is granted for the property legally described as follows and commonly known as 1 l 459 60th Street North: All that part of the Northeast Quarter of the Northwest Quarter and all that part of the West Half of the Northwest Quarter of the Northeast Quarter of Section 1, Township 29 North, Range 21 West, Washington County, Minnesota, described together as follows: Beginning at the Northeast {quarter of the Northeast Quarter of the Northwest Quarter said Section 1; thence South 89 degrees 47 minutes 33 seconds West, along the north line of said Northeast Quarter of the Northwest Quarter, a distance of 132017 feet to the northwest corner of said Northeast Quarter of the Northwest Quarter, thence South 0 degrees 30 minutes 22 seconds East, along the west line of said Northeast Quarter of the Northwest Quarter; a distance of 141 &19 feet to the southwest corner of said Northeast Quarter of the Northwest Quarter, thence North 88 degrees 59 minutes 11 seconds East, along the south line o said Northwest Quarter of the Northwest Quarter, a distance of 840.22 feet to the southwest corner of t utlot E, a distance of 675.77 feet; thence North 89 degrees 45 minutes 35 second East, along north boundary line of said outlot E, a distance of 36.73 feet; there North degrees 00 minutes 32 seconds West a distance of435.55 feet of the intersection of the southerly right of way line of Minnesota State Highway No. 6 thence North 89 degrees 45 minutes 35 seconds East along said southerly right of way lure, a distance of 739.27 feet to a northwesterly corner of said t utlot E; thence North 0 degrees 19 minutes 54 seconds West along a west line of the Sanctuary of Lake Elmo to the north line of said West Half of the Northwest Quarter of the Northeast Quarter; thence South 89 degrees 47 minutes 30 seconds` West along said north line, a distance of 306.57"feet, to the point of beginning. Subject to easements of record. Orientation of this bearing system is based on the recorded plat of Sanctuary of Lake Elmo. h} That the Applicant is not proposing to add, any new accessory structures on the property beyond what already exists today. 7 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 accessory structures already exist, and a lot line adjustment to include more than the permitted number of accessory structures on one parcel will not affect any of the' a aforententioneai ) The use or development conforms to the City of Lake Elmo Comprehensive Plan. 'he proposal is consistent with the Comprehensive Plan in that tlae property is guided for Rural area Development. The Comprehensive Plan proclaim that "existing operating agricultural uses and qualif iuq alternative rues that preserve the open space within the community shall be supported. These rases shall be encouraged to continue operations and to retain large land holdings that contribute to the operating efficiency ... tile City shall firm move y establish andpursue specific strategies and seek resources to assist existing agricultural rases in remaining a viable alternative to urbanization for landowners, consistent with the concept of a `right to farm. "' 9) The use or development is compatible with the existing neighborhood: Resolution 2017- 2 The barn, homestead and additional accessary structures already exist, and so the proposed use will in no way alter the property's compatibility with the existing neighborhood. 10) The proposed rase meets all specific development standards for such use listed in article 7 o this Chapter. There are no specific development standards fair additional accessory structures listed in Article 7. The existing structures meet setback requirements. 11) 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 (horel nd Regulations) and Chapter 152 (Flood Plain Management) The property is not located within as floodplain management or sh reland area. 12) 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 barn and other additional accessory structures already exist and are compatible in appearance with the existing character of the ,general vicinity. 13) The proposed use will not be hazardous or create -a nuisance as defined Linder this Chapter to existing or future neighboring structures. The proposed use will not be hazardous or create a nuisance. 14) 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 proposed use will be served adequately by the afrtrenrentioned 15) 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 proposed use will not create excessive additional requirements. 1) 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 proposed use will not in any way be detrimental. 17) Vehicular approaches to the property, where present, will not create traffic congestion o interfere with traffic on surrounding public thoroughfares. The proposed use will not increase traffic. 1 ) The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. The proposed use will allow an existing barn to be located on the same property as an existing homestead, thereby helping to preserve an existing, feature,. #I Z L1 KIN I ) Resolution 2017- Based on the foregoing, the Applicant's application for a Conditional Use 'et it to allow additional accessory structures beyond those allowed in the Rural Residential zoning district on the property located at 11459 601h Street North is granted, subject to the following conditions: 1) A lot line adjustment, based on the survey dated August 5, 2017 must be approved by Staff and recorded with the County, with proof of recording being provided to the City within 60 days of approval. Passed and duty adopted this 17t" day of October, 2017 by the City Council of the City of Lake Elmo, Minnesota. Maich'carson, Mayor AT ST: Juvohnsow.91Y Clerk Resolution 2017- 4