HomeMy WebLinkAboutRESOLUTION 2017-018kwm I I NM KtIM41#1 IKI I Lim I
A RESC L UTION RE-AFFIRAIING APPRO PAL OF A IVINOR SUBDIVISION FOR
CTIRIST L UTHERA N CHUR CfI — 3 54 9 LA KE EL tIT0 A VE
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 36 Ih 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 — 354 Lake Elmo Avenue North.
WHEREAS, the variance that was approved by the Lake Efind Board of Adjustments
and Appeals to create two lots that do not meet the minimurn 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 leap
Amendment and Conditional Use Permit and approved Ordinance -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 tying not th of the South 46.00 feet thereof, County Auditors flat 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:
l . 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 par -king 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 former acceptable the City Attorney prior to the transfer of e either
"Tract A" or "Tract 13" to another party.
. 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 21 day of February 2017 by the City Council of the City of
Lake Elmo, Minnesota.
41-Mike Pearson, Mayor
ATTEST.
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