HomeMy WebLinkAbout2021-129CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2021-129
WHEREAS, Krueger's Christmas Tree Farm, 4452 Lake Elmo Avenue North
(Applicant), has submitted an application to the City of Lake Elmo (City) for Interim Use
Permit to allow professional photography sessions as an Agricultural Entertainment
Business; and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.019; and
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on
October 25, 2021 and reviewed and recommended approval of the IUP to allow an
agricultural entertainment business consisting of professional photography sessions on
the site; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated November 16,
2021; and
WHEREAS, Section 154.019, Subd. (B, 5) of the City Code requires the
applicant to enter into a consent agreement with the City that specifies the terms and
conditions of the interim use; and
WHEREAS, the Lake Elmo City Council reviewed the interim use permit request
and consent agreement at its November 16, 2021 meeting.
NOW, THEREFORE, based on the testimony elicited and information received,
the City Council makes the following findings:
1) That the procedures for obtaining said Interim Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.019.
2) That all the submission requirements of said Section 154.019 have been met by
the Applicant.
3) That the proposed amendment Interim Use Permit is to allow an agricultural
entertainment business consisting of professional photography sessions on the site
in an A —.Agriculture Zoning District.
4) That the photography session occur July 1" and through November 15 1h of each
year.
5) That the proposed use will be located on property legally described as: Part of the
east half (1/2) of the southeast quarter (1/4) lying northerly of the current existing
east -west right-of-way known as 431d Street North, in Section 11, Township 029
West, Range 21 North in Washington County and State of Minnesota. Commonly
known as 4452 Lake Elmo Avenue North.
6) That the use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations.
7) That the use will not adversely impact nearby properties through ' nuisance, noise,
traffic, dust, or unsightliness and will not otherwise adversely impact the health,
safety, and welfare of the community. The Krueger's Christmas Tree Farm has
been in operation for nearly 40 years.
8) That the use will not adversely impact implementation of the Comprehensive
Plan. The Applicants are asking to allow professional photography sessions on
their existing tree farm. The purpose of an 1UP is specifically to allow a use for a
limited period of time that reasonably utilizes the property, but as a result of
anticipated development or redevelopment or other significant change, will not be
acceptable in the future or will be replaced by a permitted or conditional use
allowed within the respective district, This site is designated for Rural Area
Development in the 2040 Comprehensive Plan, which includes working farms
and agricultural uses. The Agricultural Entertainment Business would not
adversely impact implementation of the Comprehensive Plan when regulated
through an Interim Use Permit.
9) The user agrees to all conditions that the City Council deems appropriate for
permission of the use. This may include the requirement of appropriate financial
surety such as a letter of credit or other security acceptable to the City to cover the
cost of removing the interim use and any interim structures not currently existing
on the site, -upon the expiration of the interim use permit.
10) There are no delinquent property taxes, special assessments, interest, or city utility
fees due upon the subject parcel.
11) That the date or event that will terminate the use is identified with certainty. The
interim use agreement establishes a termination date for the permit that is set at
January 1, 2042, or if the property is sold to an outside party, whichever is
greater, or at such time that the total property utilized for the Krueger Christmas tree
farm is less than 40 acres; whichever occurs first.
12) An agricultural entertainment business shall adhere to all performance standards
as outlined in § 154.913 for an agricultural sales business; The proposed
photography use is consistent with these performance standards. Additional
conditions pertaining to hours and months of operation, number of customers, and
use of buildings will be applied to ensure the use is consistent.
13) The property proposed to be used for agricultural entertainment must be located
with direct access to a collector or arterial street as identified in the
Comprehensive Plan; The site has access to Lake Elmo Avenue, which is a minor
collector, and to 43rd Street, which is a planned minor collector.
14) Discharge of firearms,- including blanks, shalt not be allowed on the property; No
firearms are proposed for this use.
15) The property owner must take reasonable steps to prevent trespassing on adjacent
properties by employees, contractors or patrons. A condition of approval requiring
users of the photography services will require the applicant provide specific
direction about the allowed locations.
NOW, THE Rr, ORE, BE IT RESOLVED that the Lake Elmo City Council
hereby approves the Interim Use Permit at 4452 Lake Elmo Avenue North for an
Agricultural Entertainment Business to allow professional photography sessions on the
Applicant's farm and authorizes the execution of the consent agreement for this interim
use subject to the following conditions:
t) That the Applicants sign the approved consent agreement with the City in accordance
with Section 154.019, Subd. (B,5) of the City Code,
2) This interim use permit only allows the use of the site as a setting for family and
individual photographs by a professional photographer.
3) Hours of operation for the photography use are limited to 9:00 AM to 8:00 PM, or sunset,
whichever is sooner, from July through November 15"'.
4) The photography sessions must not utilize the interior of the sales building, or any other
building on the site for this purpose. This includes set up, changing rooms, or review of
photos.
5) The applicant shall provide specific direction to photographers about the allowable
locations for photo sessions.
6) Parking for this use must be accommodated within the existing parking lot.
7) The operator must be able to demonstrate at all times to the city that there is sufficient
access, parking, and maneuvering space, that the location and adequacy of approaches are
sufficient, that there is suitable and safe access for pedestrians, and that customer parking
is away from the travel way and in close proximity to the agricultural sales business.
8) All waste materials shall be enclosed in containers provided on the site, and shall not
generate any nuisance impacts can adjacent properties.
9) All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust
nuisance impacts oil adjacent properties.
10) Trip generation shall be limited to the yearly average daily trips calculated for the
underlying zoning, with no daily trip generation to exceed twice the daily calculation rate
for the underlying zoning. The base daily trip generation is established at 180 vehicle
trips per day foi- every 40 acres.
l 1) There shall be no exterior storage of equipment and materials associated with the
agricultural entertairunent use.
12) Trash containers must be located inside or screened in an acceptable manner.
13) The interim use permit shall expire oil January 1, 2042; upon the sale of the property or a
transfer of the business ownership to an outside party (non -family member), of at such
time that the total property utilized for the Krueger Christmas tree fill -In is less than 40
acres; whichever occurs first. At such time as this IUP expires, all applicant rilay request
an extension.
This resolution was adopted by the City Council of the City of Lake Elino on the 16"' day
of November 202 1, by a vote of _!�_ Ayes and 0 Nays,
Mayor Charles, Cadenbea
ATTEST:
Julie 0 son, Cty ison, qt",QIIrk
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