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HomeMy WebLinkAbout2022-112CITY OF LAKE ELMO WASIIINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2022-112 A RESOLUTION APPROVING AN AMENDMENT TO THE JESUIT RETREAT HOUSE CONDITIONAL USE PERMIT TO CONSTRUCT A TEN PERSON GUEST HOUSE AT 8243 DEMONTREVILLE TRAIL N. WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, The Jesuit Retreat House (the "Applicant") has submitted an application to the City of Lake Elmo (the "City") for a Conditional Use Permit amendment to construct a ten person guest house at 8243 Demontreville Trail N (PID# 0402921340004) (the "Property"); and WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 105.12.290. WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on November 14, 2022; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated December 6, 2022; and WHEREAS, the City Council considered said matter at its December 6, 2022 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: 1) That the procedures for obtaining said Conditional Use Permit are found in the Lake Elmo Zoning Ordinance, Section 105.12.290. 2) That all the submission requirements of said Section 105.12.290 have been met by the Applicant. 3) That the proposed Conditional Use Permit Amendment is to allow the construction of a 10 person guest house at an existing religious institution. 4) The approved Planned Unit Development for Crossroads East First Addition lists an automotive maintenance and repair use as a conditional use. 5) 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 proposed use will not endanger the public health, safety, comfort, convenience or general welfare of the neighborhood or the City. The existing use has been onsite for over 70 years. An additional guest house is consistent with the continued use. 6) The use or development conforms to the City of Lake Elmo Comprehensive Plan. The site is already zoned in conformance with the comprehensive plan. 7) The use or development is compatible with the existing neighborhood. The proposed use is compatible with the existing neighborhood. Surrounding parcels are owned by the Jesuit Retreat House or used, for similar religious purposes. 8) The proposed use meets all specific development standards for such use listed in the Zoning Code. The use meets all the specific development standards for a religious institution setforth in LEC 105.12.970(b)(2). 9) 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 Article XIX (Shoreland Management) and Title I00 (Flood Plain Management). The proposed use is within a Shoreland Management District and meets all the specific standards in Article XIX 10) 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 design of the proposed structure is intended to match the appearance and character of the existing nearby main building. 11)The proposed use will not be hazardous or create a nuisance as defined under this Chapter to existing or future neighboring structures. The use is not hazardous and will not create a nuisance. 12)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 essential public facilities and services such as streets, police and fire protection, drainage structures, and refuse disposal: The proposed structure will be served by a private well and sewer system. 13)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 at a public cost. 14)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 structure is for an existing established use that will notproduce excessive traffic, noise, fumes, glare, or odors. 15) Vehicular approaches to the property, where present, will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The proposed structure will not create traffic congestion or interfere with traffic on surrounding public thoroughfares. The main access point onto Demontreville Trail Nis approximately 0.3 miles away along a private driveway. The long driveway reduces the chances for traffic congestion on public thoroughfares. 16) The proposed use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. The use will not result in the destruction, loss, or damage of a natural or scenic feature of major importance. 17)That, in accordance with City Code Section 105.12.290, the automotive maintenance andrepairuse shall be permissible under the Conditions 1-10 as provided in the decision below, and incorporated herein: NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the information received and the above Findings, that the City Council of the City of Lake Elmo hereby approves the request by the Jesuit Retreat House for a Conditional Use Permit Amendment to allow the construction of a ten person guest house at 8243 Demontreville Trail N, subject to the following conditions of approval: 1. The applicant must obtain all other necessary City, State, and other governing body permits and approvals prior to the commencement of any construction activity onsite. 2. All recommendations in the City's Landscape Architect's memorandum dated 10/31/22 shall be met prior to any construction activity. 3. All conditions in the Fire Chief's memorandum dated 10/31/22 must be met prior to any construction activity. 4. The applicant shall provide the City written documentation from the sewage treatment system permitting authority confirming that the existing drainfield is functional and sized appropriately. 5. The applicant must provide the City with post renovation floor plans of the existing guest houses to show the total number of guest rooms in each structure prior to any construction activity. 6. If the applicant has not taken action toward starting the guest house or if substantial construction of the guest house has not taken place within 12 months of the City's approval of the conditional use permit, the CUP approval shall become void. The applicant may request City Council approval of a time extension to start or implement the conditional use permit. Passed and duly adopted this 6th day of December, 2022 by the City Council of the City of Lake Elmo, Minnesota. Mayor Charles Cadenhead ATTEST: Julie Johnso tlYfty Cl rk