HomeMy WebLinkAbout#10 - Peanut Poppy Ranch ReaffirmationSTAFF REPORT
DATE: 7/2/2024
CONSENT
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: Reaffirming the Vacation of a City Roadway and Approval of the
Peanut Poppy Ranch Minor Subdivision.
BACKGROUND:
On April 2, 2024, the City approved Resolution 2024-039 for a minor subdivision application
and easement vacation application from Lucy Wegscheider as Trustee for Viola E Sullwold
Living Trust; the Gilbert E Sullwold Living Trust; and as Lucy and Scott Wegscheider.
However, in legal review it was discovered that there was an error on the second page of the
resolution referencing the incorrect development. The city’s attorney recommends that the
Council adopt a resolution reaffirming the vacation of the city roadway easement of the Peanut
Poppy Ranch minor subdivision. Once adopted, a notice of completion of vacation proceedings
will be recorded.
ISSUE BEFORE CITY COUNCIL:
The City Council is being asked to reaffirm the easement vacation for Peanut Poppy’s Ranch.
GENERAL INFORMATION:
Address: 1019047th St N and 4890 Kimbro Ave N
PID:
11.029.21.21.0001, 11.029.21.22.0002, 02.029.21.34.0005,
02.029.21.34.0001, 02.029.21.33.0004, 11.029.21.21.0002,
11.029.21.0003
Existing Zoning:
Comprehensive Plan:
Agriculture (A), Shoreland Overlay District,
Valley Branch Watershed District
Agricultural Preserve (AP)
Surrounding Zoning: North: Agriculture (A)
South: 47th Street and Rural Residential (RR)
East: Kimbro Ave and Rural Residential (RR)
West: Keats Ave and Rural Residential (RR)
Deadline for Action: Application Complete – 2/5/2024
120 Day Deadline – 6/1/2024
Applicable Regulations:
Title 103 – Subdivision Regulations
Article V – Zoning Administration
Article XI – Rural Districts
Article XIX – Shoreland Overlay District
Lake Elmo 2040 Comprehensive Plan
REVIEW AND ANALYSIS:
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Easement Vacation The property currently has a roadway easement that covers 47th Street North.
Due to the minor subdivision of the property the existing easement must be vacated and
rededicated as road right of way.
RECOMMENDATIONS:
Staff recommends City Council reaffirm and approve the minor subdivision and easement
vacation request. Suggested motion if taken off of consent:
“Move to approve Resolution 2024-081 to reaffirm the vacation easement and approval of
Peanut Poppy’s Ranch minor subdivision.
ATTACHMENTS:
• Resolution 2024-039 – Original Approval
• Resolution 2024-081 - Reaffirmation
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CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2024-081
A RESOLUTION RATIFYING THE VACATION OF A CITY ROADWAY EASEMENT
AND APPROVAL OF THE PEANUT POPPY’S RANCH MINOR SUBDIVISION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, on April 2, 2024, the City Council passed and adopted Resolution No.
2024-039 which approved the vacation of the City’s Roadway Easement on 47th Street North as
described in Document No. 613428 (“Roadway Easement”), and approved the minor subdivision
of Peanut Poppy’s Ranch with the following findings of fact:
• That the Peanut Poppy’s Ranch minor subdivision and easement vacation is consistent
with the Lake Elmo Comprehensive Plan and the Future Land Use Map for this area;
• That the Peanut Poppy’s Ranch minor subdivision and easement vacation is consistent
with future development plans of the area and with standards of the City’s agriculture
zoning district;
• That the Peanut Poppy’s Ranch minor subdivision meets the requirements of the City’s
minor subdivision regulations and specifically the requirements concerning exceptions to
platting; and
WHEREAS, the notice of the public hearing was published, posted, and mailed as
required by law, and the public hearing was held on the proposed vacation and on the minor
subdivision application by the Lake Elmo Planning Commission on February 26, 2024; and
WHEREAS, the Lake Elmo Planning Commission recommended the approval of the
minor subdivision and of the vacation of the Roadway Easement with certain conditions;
WHEREAS, Resolution No. 2024-039 contained a scrivener’s error naming a different
minor subdivision when approving the minor subdivision of Peanut Poppy’s Ranch; and
NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby ratify
its approval of the Peanut Poppy’s Ranch minor subdivision subject to the following conditions:
1. The applicant Lucy Wegscheider (“Applicant”) must obtain all other necessary City,
state, and other governing body permits and approvals prior to release of the plat for
recording.
2
2. The City Attorney’s comments set forth in the plat opinion shall be addressed prior to
release of the plat for recording.
3. The Applicant shall record the plat within 180 days after the date of adoption of this
Resolution and provide proof of recording to the City. If not recorded within 180 days,
approval of the minor subdivision shall be considered void, unless a request for a time
extension is submitted in writing and approved by the City Council.
NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Council of the City of
Lake Elmo that the Roadway Easement is hereby vacated.
Passed and duly adopted this 2nd day of July, 2024, by the City Council of the City of Lake
Elmo, Minnesota.
___________________________________
Mayor Charles Cadenhead
ATTEST:
____________________________________
Julie Johnson, City Clerk