HomeMy WebLinkAboutResolution 91-40RESOLUTION 91 -40
A RESOLUTION GRANTING A VARIANCE TO THE CARMELITE MONASTERY
FROM SECTION 301.090 I OF THE LAKE ELMO MUNICIPAL CODE
(FRONTAGE ON A PUBLIC ROAD)
WHEREAS, the Carmelite Monastery submitted an
application dated September 27, 1991 for a variance from
Section 301.090 1 of the Lake Elmo Municipal Code in order
to be able to construct a building on a parcel which does
not have frontage on a public dedicated road; and
WHEREAS, the City Council, sitting as the Board of
Adjustment and Appeals held a public hearing pursuant to
Section 301.060 C. 3. of the Lake Elmo Municipal Code on
November 19, 1991 to consider such application; and
NOW, THEREFORE, BE IT RESOLVED that the Lake Elmo City
Council makes the following findings:
1. The applicant is the owner of the property
legally described as follows:
All of Government Lot 4 in Section 9, Township 29,
Range 21, according to government survey
containing 59.4 acres of land. Also the South
30.6 acres of Lot 4 in Section 4, and the South
West quarter of the South East quarter of said
Section 4, all in Township 29, Range 21, being the
Sough 688 feet, more or less, thereof.
2. The applicant has a private recorded easement
which allows access to the north to DeMontreville
Trail N. In order to connect to a public road on
the south or east side of the property, it would
be necessary for applicant to acquire a private
easement and incur substantial road construction
costs due to the existing topography.
3. The City's Law Enforcement Officials and the
City's Fire Chief have advised the City that the
private road is constructed in such a manner to
support emergency vehicles; that they can gain
access to such private roadway by notifying
applicant, and in an emergency circumstance, if
necessary, by cutting any security device on the
access gate; and that the private road system is
designed to facilitate the turn - around of
emergency vehicles.
4. This property is located in the PF (Public
Facility) zoning district and there are no other
parcels in the PF zoning district in similar
circumstances.
5. The applicant's property is part of an overall
campus currently served by a private easement to a
public road.
6. The granting of the variance requested will
not confer on the applicant any special privileges
denied by this ordinance to owners of property in
the same zoning district.
7. The building proposed to be constructed will
house up to 14 additional people, but due to the
nature of this religious community, there will be
less than the normal amount of traffic.
S. The requested variance is the mini-mum variance
which would be required to alleviate the hardship.
9. The construction of a building on this site,
to be used as a monastery, will not be materially
detrimental to the City's zoning ordinance.
NOW, THEREFORE, the City Council hereby grants a
variance to the Carmelite Monastery from the provisions of
Section 301.090 1., subject to the following conditions:
1. If the access gate is locked, the City's
emergency personnel shall be provided with a key.
2. The City's emergency personnel shall be
advised of the names and telephone numbers of on-
site residents who can provide access to the site.
3. The private access road shall be maintained at
all times, during all seasons, in a manner which
allows access of emergency vehicles and shall be
able to support emergency vehicles.
4. The Applicant shall comply with all State
Building Standards and Safety Codes.
5. The City shall not be liable for damages
incurred due to the use of wire cutters, or
similar tools, when their use is necessary to
gain access to property.
6. Any further expansion on this property shall
comply with the then current zoning regulations.
ADOPTED BY THE CITY COUNCIL THIS 3RD DAY/)OF DECEMBER,
vid Johnson,
Attest:
Mary Kueffner, City Administrator