HomeMy WebLinkAboutResolution 97-56RESOLUTION 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.
CF Permittee shall retain Washington County Deputy Sheriffs
on duty Friday, Saturday, and Holidays when more than
fifty cars are anticipated to be at the Drive-In Theater.
D. Permittee shall prevent litter from scattering to
adjoining property.
E. The parking areas and drive areas shall be treated to
control dust.
7.0 All previous conditional use permits issued for the
Subject Property are hereby rescinded.
800 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 and shall entitle the City to the various
remedies provided therein including a rescission of the CUP®
9 ®0 A certified copy of this 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 an Owner's Duplicate Certificate of Title in
order to allow the City to file a certified copy of this CUP.
10.0 The invalidity of any condition, limitation, provision,
paragraph or sentence or clause in this Cup shall not impair or
affect in any manner the validity, enforceability or effect of the
remaining provisions of this CUP.
Approved by the Lake Elmo
City Council on the 18th
day of November_ , 1997
Reviewed and - Accepted on the
�- �-? day of
1997.
b/leflatleylii
CITY OF LAKE ELMO
J<ATJn--, Mayor
Mary Kifie'flnW,�-City Administrator
o er J Nei ra--