2021-092 - Laserfiche WebLink

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CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2021 - 092 A RESOLUTIONAPPROVING A VARIANCE FROM THE CITY'S REQUIREMENT REQUIRING A CHAPEL OR PLACE OF WORSHIP TO HAVE DIRECT ACCESS TO A COLLECTOR OR ARTERIAL STREET TO ALLOW THE CONSTRUCTION OFA CHAPEL ON THE PROPER TY L OCA TED AT 8249 DEMONTRVILLE TRAIL WHEREAS, Reverend John Burns, representing the Carmelite Hermitage (the "Applicant") of 8249 Demontreville N, Lake Elmo MN 55042, Washington County, Minnesota (the "Property") has submitted an application to the City of Lake Elmo (the "City") for avariancetothe requirement in the City Code that requires a chapel or place of worship to have direct access to a collector or arterial street for a chapel or place of worship; and WHEREAS, the Property is landlocked but currently has access to Demontreville Trail via an existing driveway that is located in an easement that is located on an adjoining property that is owned by the Jesuit Retreat House (the "Existing Driveway'; and WHEREAS, Demontreville Trail is not an arterial or collectorstreet; and WHEREAS, in 2020, the Applicant applied for and received a conditional use permit from the City to construct a chapel on the Property which included the approval ofa variance from the City's requirement requiring a chapel orplace of worship to have direct access to a collector or arterial street so that the chapel could use the Existing Driveway to access Demontreville Trail instead of constructing a new access to an arterial or collector street; and WHEREAS, the Jesuit Retreat House filed a lawsuit against the City and the Applicant with respect to the City's granting ofthe variance and the conditional use permit, and WHEREAS, a settlement ofthe lawsuit was reached between the parties and as part ofthat settlement, the Applicant and the Jesuit Retreat House have reached an agreement about the location, construction, and use ofa new proposed 20-foot-wide bituminous driveway that is partially located on the Jesuit Retreat House property that will allow the Property to access Demontreville Trail (the "Mew Driveway"); and WHEREAS, because the New Driveway will be used instead of the Existing Driveway for access to the chapel and the Property via an easement over the Jesuit Retreat House property and the New Driveway connects the Property to Demontreville Trail which is not a collector or arterial street, the Applicant is in need of a variance from the City requirement that requires a chapel or place of worship to have direct access to a collector or arterial street; and WHEREAS, notice of the variance has been published , mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing about the variance on August 9, 2021; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendations with respect to the requested variance to the City Council as part of the City Staff Memorandum dated August 17, 2021; and LA515-1-745000A