HomeMy WebLinkAboutResolution 2001-040CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
RESOLUTION NO. 2001 -040
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR A NON - AGRICULTURAL
LOW IMPACT USE FOR NEIL SIVERSON AND SUSAN OTTO- SIVERSON
WHEREAS, Neil Siverson and Susan Otto - Siverson (herein applicant), are the fee owners of
approximately 36.82 acres of land (herein applicant property), located in the City of Lake Elmo (herein
City), is illustrated on Exhibit "A" attached, and is legally described as follows:
The East 660 feet of SE '/4, except therefrom the East 190 feet of South 710 feet
of Section 28, Township 29, Range 21 and known as 8940 15th Street N.,
Lake Elmo, Minnesota.
WHEREAS, applicant has requested a Conditional use Permit, would specifically apply to
approximately 4.5 acres of the applicant's property (the CUP Area) which is illustrated on attached
Exhibit `B ", and which is legally designed as follows:
LEGAL TO BE INSERTED
WHEREAS, the Conditional Use Permit, if approved, would allow applicant, its successors and
assigns, to utilize the CUP Area for certain Non - Agricultural Low Impact Uses, subject to the City's
Regulations, and subject to the conditions attached to the City's approval.
WHEREAS, the Lake Elmo Planning Commission held a Public Hearing on May 14, 2001., and
reviewed and recommended approval of the Conditional Use Permit based upon the following findings.
I . The proposed use will not impact the public health, safety, morals, convenience, or general
welfare of the occupants of surrounding lands.
2. The proposed use will result in additional traffic to the site, but the projected traffic increase
will not exceed the traffic standards contained in the City's regulations.
3. The public utility systems and the capacity of the school district will not be impacted by the
proposed use.
4. The proposed use will not depreciate surrounding property values for the following reasons:
a. The CUP Area will be screened by vegetation in accordance with the landscape plan.
b. Approximately 32.32 acres of agricultural lands will be preserved from development.
c. The proposed use will not generate noise, pollution, or cause any other nuisance.
5. The proposed use is in keeping with the intent and purpose of the City's Comprehensive Plan
and Zoning Ordinance.
WHEREAS, the Lake Elmo City Council, on June 5, 2001, reviewed the application and the
recommendation of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Lake Elmo City Council, that a Conditional use
Permit is hereby approved for applicant's property subject to the following conditions:
I . The permitted uses within the CUP Area shall be as follows:
a. Outdoor storage of cars, trucks, boats, trailers, recreational vehicles, recreational
equipment, and other vehicles or mobile equipment under 26,000 pound of tare weight.
b. Indoor storage of the items listed above for outdoor storage, and other goods and materials,
which in the determinations of the City Council, do not jeopardize the health, safety, or
welfare of the City.
2. Buildings within the CUP Area shall be located in accordance with the approved site plan
attached as Exhibit "C ". Any buildings damaged or destroyed by storm, fire, or other hazard,
may be reconstructed.
3. The impervious surface within the CUP Area shall not exceed 1.5% of the applicant's
property.
4. Outside storage may be located as depicted by Exhibit "C ". There shall be no paved parking
areas. All outside storage and driveways in the CUP Area shall be grass or gravel.
5. In accordance with the landscape plan attached as Exhibit "D ", the CUP Area shall be
screened from view by deciduous and coniferous trees. Applicant may transplant or thin out
trees in the landscape area, so long as impervious screening is maintained.
5. The water run -off from existing or proposed buildings in the CUP Area shall meet the I % rule
as to rate and volume, as determined by the City Engineer.
7. All of applicant's property shall remain in an Agricultural Zone so long as this Conditional
Use Permit remains in effect.
Security lights may be installed in the CUP Area in accordance with the City lighting
ordinances.
9. The applicant shall maintain their property outside of the CUP Area in accordance with the
permitted uses of the Agricultural zoning district and the required practices of the Soil and
Water Conservation District. No site plan review shall be required for permitted uses outside
of the CUP Area.
10. The Conditional use authorized shall comply with all State and General pollution and
hazardous materials statutes and regulations. No hazardous materials or wastes shall be stored
on the property or the CUP Area, except agriculturally related chemicals for use by
landowners in normal farming or landscaping operations.
11. In the event that the applicant, or their successors or assigns, initiate a Comprehensive Plan
Amendment and Rezoning of any of the property from Agriculture to a more intensive use, the
CUP Area shall be reduced so that it does not exceed 4% of the remaining property, provided
the property is at least a nominal 40 acres. The impervious surface coverage of the CUP Area
shall likewise be reduced, by removing or reducing buildings, so that it does not exceed 1.5%
of the remaining property. If the property becomes less than a nominal 40 acres, then this
CUP shall terminate and all non - conforming structures all be removed within one year from
the date of the City Council's adoption of the Comprehensive Plan Amendment and Rezoning.
This section shall not apply if the City initiates rezoning or if the landowners are forced to
transfer title to any part of the property due to Eminent Domain.
12. Neither this resolution, nor the City's Non - Agricultural Low Impact Use Regulations shall
restrict the applicant's right to convey conservation easements over applicant's property.
13. The City recognizes that the storage use permitted by this resolution allows the applicants the
economic means to preserve and maintain the family farm. if the City, without the property
owners concurrence, should take any action to make this a legal non - conforming use under the
zoning ordinance, the City hereby agrees to allow the reconstruction of any non- conforming
structures in the CUP Area that may become damaged beyond 50% of their replacement cost,
so long as all other conditions of this resolution are in compliance.
14. The applicants expressly understand that any hazard to the health or welfare of the City, or
violation of any condition of this Permit, could and would be grounds for revocation of this
permit.
15. Compliance with Section 520 standards, including application for and review by the City of a
Site Plan.
16. 15"' Street is used as the only access to the site, 16t" Street for emergencies only with a locked
gate.
17. Determination of the effectiveness of screening shall be based on reasonable grounds and
circumstances, as determined by the City.
18. Hours of operation shall be 7:00 a.m. — stuiset, daily, contingent upon favorable yearly review
by the Council.
ADOPTED by the City Council this 5"' day of June,. 2001.
' Lee Hunt, Mayor
ATTEST:
Mary kll_elfitr, City Adminis -a or
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