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HomeMy WebLinkAboutResolution 97-54RESOLUTION NO. 97-54 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA 1.0 WHEREAS, John N. Baille ("Permitteell) represents that he is the purchaser of and will be the record fee owner of the following described property situated in Washington County, Minnesota prior to the commencement of the Conditional Use described herein: County Auditor's Plat No® 8, Lot 041, part of Lot 41 being the westerly 135 feet, County Plat No. 8, GEO Code 13-029-21-32-0032 ("Subject Property"). 2 ®0 WHEREAS, on September 22, 1997, Permittee submitted an application ("Application") to the City of Lake Elmo ("City") for a conditional use permit ("CUP") in order to allow the Subject Property to be used for a veterinary clinic consistent with the City's Zoning Regulations. 3. 0 WHEREAS, the Application was reviewed and approved by the City's Planning Commission at a public hearing on October 15, 1997. 4.0 WHEREAS, the Application, the recommendations of the City's Planning Commission, and the recommendations of the City's Staff were reviewed and the Application was approved by the City's Council on October 21, 1997, subject to the conditions specified in -the City Planner's Report dated October 21, 1997, and subject to preparation of the appropriate resolution. 5.0 NOW, THEREFORE, BE IT RESOLVED, that a CUP is hereby issued to Permittee, his successors and assigns, allowing the Subject Property to be used as a veterinary clinic as hereinafter defined subject to the following conditions: A. Barking dog complaints shall be reviewed by the City Council and may be the basis for a rescission of this CUP if such conduct creates a nuisance to adjoining property. B. A solid wood fence shall be constructed along the south and east border of the Subject Property to screen the site from adjacent residential uses. C. Parking area shall be improved and designated with appropriate signage consistent with a. site plan approved by the City Planner. De Any signage for the business use shall be in compliance with the City's sign regulations. An illustration of any proposed signage shall be filed with and approved by the City Planner. E. The septic system for the Subject Property shall be in compliance with the City's Regulations and shall be approved by the City's Engineer prior to occupancy of the Subject Property. F. No signage shall be located on the south side of the building on the Subject Property. G. There shall be no outside kennels or animal runs. H. All disposal of animal parts shall be in compliance with all appropriate state and local regulations® 600 As used herein, "Veterinary Clinic" means and the use of the Subject Property shall be limited to the following: A. Veterinary medicine, surgery, dentistry and related services for small domestic and non-domestic animals and birds. B. Non-domestic animals include mostly pets that are not seen routinely in other veterinary practices, included are both large and small birds, rabbits, ferrets, guinea pigs, rats, hamsters, gerbils, chinchillas, mice, lizards, snakes, turtles, miniature pigs, hedgehogs, fish, miniature goats, and other non-domestic pets. C. Sick animal hospitalization but no boarding services. 760 Any violation by Permittee, his successors or assigns, of the provisions of this CUP shall be deemed a violation of the Lake Elmo Zoning Regulations entitling the City to the various remedies provided therein including a rescission of this CUP. 8.0 A certified copy of this Resolution shall be filed by the City Administrator with the Washington County Recorder or Registrar of Titles. If the Subject Property is torrens, the Permittee shall provide the City with the Owner's Duplicate Certificate of Title in order to allow the City to file a certified copy of this CUP. 9.0 The invalidity of any condition, limitation, provision, paragraph, sentence or clause in this CUP shall not impair or affect in any manner the validity, or enforceability of the remainder of the provisions of the CUP. Approved by the Lake Elpo City Council op the day of C�; �,��;� , 1997. Reviewed and Accepted, on the " day of 1997. b /LE /VET.CUP November 18, 1997 CITY OF LAKE ELM© * n , mayor J,1 Mary K ffner, ity Administrator Dr. John lle