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RESOLUTION O. 97-55
CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
1.0 WHEREAS, Glen Lownsberry and Karen Lownsberry
(collectively "Permittee") represent that they are the record fee
owners of the following described property situated in Washington
County, Minnesota:
Part of the Southeast 1/4 of the Southeast 1/4 of Section
35, Township 29, Range 21 ("Subject Property").
2 ®0 WHEREAS, on September 30, 1997, the City of Lake Elmo
("City") received an application ("Application") signed by Karen
Lownsberry, Glen Lownsberry, and Leonard A. Hanson requesting that
a conditional use permit ("CUP") be issued which would allow the
Subject Property to be used for a pet grooming and boarding
business consistent with the City's Zoning Regulations.
300 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 contained in
the City Planner's Report dated October 21, 1997, and preparation
of the appropriate resolution.
500 NOW, THEREFORE, BE IT RESOLVED that a CUP is hereby
issued to Permittee, their successors and assigns, which will allow
the Subject Property to be used as a pet grooming and boarding
business subject to the following conditions:
A. The septic tank on the site shall be inspected and
upgraded, if necessary, consistent with the
recommendations of the City's Engineer and prior to
occupancy of the Subject Property.
Ea Only one sign shall be allowed for the Subject Property.
The sign shall be a free-standing sign no larger than 10
square feet and with a maximum height of 6 feet. An
illustration of the sign and the landscape plan shall be
placed on file with the City Planner on or before theist
day of _.. 'Iav , 1998 .
C. A waste disposal plan in compliance with all appropriate
state and city regulations shall be submitted to the City
Planner for review and approval prior to occupancy of the
Subject Property for the conditional use.
D. Barking dog complaints shall be forwarded to the City
Council for review and may be the basis for a rescission
of this CUP if such conduct becomes a nuisance to
adjacent property.
E. This CUP shall allow
grooming services.
amendment to the CUP.
a 70-run dog facility and dog
Any changes shall require an
F. The Minnesota Board of Animal Health shall review and
approve the proposed site plan and operation plan for
this facility. The action of the Minnesota Board of
Animal Health shall be submitted to the City Planner for
review and approval prior to occupancy of the Subject
Property for the conditional use.
G. Any additions to the existing buildings on the site shall
be consistent with the architectural integrity of those
structures. Building plans and site plans shall be
submitted to the City on or before the Is t day of
March—, 1993. No kennels shall be located in any of
the accessory buildings on the site.
H. Site and building plans shall be reviewed by the City's
Fire Department for compliance with all appropriate fire
codes.
1. Only one single-family dwelling may be maintained on the
Subject Property consistent with the City's Zoning
Regulations. All other residential uses shall be
terminated before occupancy of the Subject Property as a
pet grooming and boarding business.
J. The facility shall not be used for the breeding of
animals.
K. Prior to any conversion of the Subject Property for pet
suites, building plans shall be submitted to the City for
review and approval.
600 All prior conditional use permits for the Subject
Property are hereby rescinded.
7.0 Any violation by Permittee, its 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 the CUP 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 Elmo
City Council on the 13th
day of November , 1997.
Reviewed and Accepted on the
JA,ed day of ZI—e?,
1997.
b/LE/PET.CUP
CITY OF LAKE ELMO
Wyn ayor
WIC&
Mary k6of 'City Administrator
Leonard A. Hanson