HomeMy WebLinkAbout#16 - CUP Extension - Carmelites Chapel STAFF REPORT
DATE: 8/18/2020
Consent
ITEM #:
TO: City Council
FROM: Ken Roberts, Planning Director
AGENDA ITEM: Resolution 2019-059/Conditional Use Permit – Carmelite Hermitage of
the Blessed Virgin Mary – Extension of Conditions of Approval
LOCATION: 8249 Demontreville Trail
REVIEWED BY: Sarah Sonsalla, City Attorney
BACKGROUND:
On August 20, 2019, the City Council adopted Resolution 2019-59, which granted a Conditional Use Permit (CUP) to the Carmelite Hermitage of the Blessed Virgin Mary for the property located 8249 Demontreville Trail. The Resolution contained the following conditions of approval:
6) The applicant or owner received a building permit from the City for chapel within 12 months of City Council approval of the conditional use permit.
7) If the applicant or owner has not taken action toward starting the chapel or if substantial construction of the chapel has not taken place within 12 months of the
City’s approval of conditional use permit, the CUP approval shall become void. The applicant or owner may request City council approval of a time extension to start or implement the conditional use permit. Since the grant of the CUP, the neighboring property owner, the Jesuit Retreat House commenced two lawsuits: 1) Jesuit Retreat House v. City of Lake Elmo, A20-0847; and 2) Jesuit Retreat House v. Discalced
Carmelite Nuns of St. Paul and Carmel of the Blessed Virgin Mary, 82-CV-19-4008. Both lawsuits are still pending.
Due to the lawsuits, the Carmelites have not begun construction of the chapel. They have applied to the City for a building permit and are expected to receive that permit before August 20, 2020.
By letter dated July 30, 2020, Rev. John M. Burns, on behalf of the Carmelites, and in accordance with
Condition 7 of the CUP, wrote the City requesting an extension of time to start or implement the conditional use permit.
On August 13, 2020, the Planning Commission considered the requested time extension for the CUP. After
the staff presentation and discussion, the Planning Commission recommended to the City Council on a 7-0 vote City approval of a time extension that provides the Carmelites one year after the resolution of both lawsuits to construct their chapel.
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ISSUE(S) BEFORE THE CITY COUNCIL:
The City Council is being asked to consider an extension of time to start or implement the conditional use permit (CUP) in accordance with Condition of Approval Number 7.
PROPOSAL DETAILS/ANALYSIS:
Applicants: Carmelite Hermitage of the Blessed Virgin Mary, 8249 Demontreville Trail, Lake Elmo, MN 55042
Property Owners: Discalced Carmelite Nuns of St. Paul, 8251 Demontreville Trail, Lake Elmo,
MN 55042
Location: ALL OF GOVERNMENT LOT 4, IN SECTION 9, TOWNSHIP 29 NORTH, RANGE 21 WEST, ACCORDING TO THE GOVERNMENT SURVEY CONTAINING 59.4 ACRES OF LAND. ALSO, THE SOUTH 30.6 ACRES OF GOVERNMENT LOT 4 IN SECTION 4, AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, ALL IN TOWNSHIP 029 RANGE 021, ACCORDING THE GOVERNMENT SURVEY, BEING THE SOUTH 688 FEET THEREOF. PID# 09.029.21.12.0002
Request: Extension of time to start or implement the conditional use permit in accordance with Condition of Approval Number 7
Existing Land Use: Hermitage – A retreat for monks with a community building and garage, cloistered living area with courtyards
Existing Zoning: PF – Public and Quasi-Public Open Space
Surrounding Land Use / Zoning: North – Properties owned by Discalced Carmelite Nuns (8251 Demontreville Trail) and Jesuit Retreat House (8243 Demontreville Trail);
South – Single-family homes (Rural Residential);
East – Single-family homes (Rural Residential);
West – Lake Demontreville
Comprehensive
Plan Guidance:
2030 – Public/Park
2040 – Institutional. As noted the in the 2040 Comprehensive Plan, this land use category identifies land that is used for schools, religious institutions, City Hall, municipal buildings, libraries and other institutional uses.
History: In December 1991, the City approved a variance (regarding code requirement for having frontage on a public road) and a master plan for the Carmelite Hermitage of the Blessed Virgin Mary. This master plan included a phasing plan showing four parts or phases and included a court, guest house /library, chapel, cloister, hermitage, community building and workshop. The variance
noted that the applicant has a private recorded easement that allows access to the north from their site to Demontreville Trail North (across the adjoining properties).
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In October 2007, the City approved an amendment to the approved master plan to allow an additional accessory building (1,512 square feet) on their site.
In August 2020, the City approved a variance to the requirement that a house of worship have direct access to a collector or arterial street (Resolution 2019-058) and approved a conditional use permit for a chapel (Resolution 2019-059)
Deadline(s) for
Action:
Application/Request Complete – 7-30-2020
60 Day Deadline – 9-28-2020
Applicable Regulations:
City Code § 154.106(K) provides:
Expiration. If substantial construction has not taken place within 12
months of the date on which the conditional use permit was granted, the permit is void except that, on application, the Council, after receiving recommendation from the Planning Commission, may extend the permit
for such additional period as it deems appropriate. If the conditional use is discontinued for six months, the conditional use permit shall become void. This provision shall apply to conditional use permits issued prior to the effective date of this chapter, but the six-month period shall not be deemed to commence until the effective date of this chapter.
FISCAL IMPACT:
None
OPTIONS:
By approval of the consent agenda, the City Council does the following:
• Approves an extension of Condition No. 7 for one year after resolution of both lawsuits.
or, remove this request from the Consent Agenda, and consider the following:
• Deny the requested extension.
• Approve a one-year extension as requested by the Carmelites.
• Approve an extension of Condition No. 7 for one year after resolution of both lawsuits.
RECOMMENDATION:
Staff is recommending that the City Council approve, as part of the consent agenda, the extension of the CUP as contemplated by Condition No. 7 and City Code § 154.106(K). Specifically, staff recommends City Council approval of a time extension that provides the Carmelites one year after the resolution of both lawsuits to build their chapel. If the City Council removes this item from the consent agenda, the staff recommended motion is as follows: “Move to approve extension of the CUP, Resolution 2019-059, to provide an extension of Condition No. 7
to allow the Permit Holder to have one year after the date of the lawsuit to resolve last (either Jesuit Retreat House v. City of Lake Elmo, A20-0847 or Jesuit Retreat House v. Discalced Carmelite Nuns of St. Paul and Carmel of the Blessed Virgin Mary, 82-CV-19-4008) to start the chapel or, if substantial
construction of the chapel has not taken place, to substantially construct the chapel.”
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ATTACHMENTS:
• City Council Resolution 2019-059
• Letter from Rev. John M. Burns, dated July 30, 2020
• Zoning and Location Maps, Certificate of Survey and Project Plans (13 pages)