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RESOLUTION NO. 97-56 CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA 1.0 WHEREAS, Robert J. O'Neil, Jr. ("Permittee") represents that he is the record fee owner of the following described property situated in Washington County, Minnesota: The Southwest 1/4 of the Southwest 1/4 of Section 36, Township 29, Range 21, except the South 219.5 of the East 847.7 thereof ("Subject Property"). 2.0 WHEREAS, the City of Lake Elmo ("City") previously issued a conditional use permit ("CUP") to Permittee or his predecessors in title which allowed Permittee or his predecessors in title to use the Subject Property as a Drive-in Movie Theater and otherwise permitted the construction of an outdoor movie screen, a concession stand and other improvements accessory to this type of use, all as illustrated on a site plan which was filed with the City and subject to certain conditions. 3.0 WHEREAS, on September 27, 1997, Permittee submitted an application ("Application") to amend the original CUP in order to allow the construction of an accessory building which would be 28 feet wide by 68 feet long, located approximately 50 feet from an existing drainfield and 330 feet from an existing well, and used for the storage of tools and equipment necessary to maintain the Subject Property. 4.0 WHEREAS, the Application was reviewed and approved by the City's Planning Commission at a public hearing on October 15, 19970 5 ®0 WHEREAS, the Application, the recommendations of the City's Planning Commission and the recommendations of the City's Staff regarding the issuance of an amended CUP for the Subject Property was reviewed and the Application was approved by the City's Council on October 21, 1997, subject to,, the conditions I _1 t -1 -ity P-1-anner's 1111--Port dated Octoer 21, 1997, and onta-Llie'.4 in preparation of the appropriate resolution. 6.0 NOW, THEREFORE, BE IT RESOLVED that an amended CUP is hereby issued to Permittee, his successors and assigns, allowing the Subject Property to be utilized for the above-referenced uses subject to the following conditions: A. The accessory building described herein shall accommodate maintenance machinery related to the use of the site. B� A list of the maintenance machinery shall be submitted to the City on or before the 31st day of December, 1997, and shall be updated if additional equipment is added.