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CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA RESOLUTION NO. 2005-107 A. RESOLUTION AMENDING CONDI'T'IONAL USE PERMIT NO. 2001-088 GRANTED TO COUNTRY AIRE GOLF, LLC. WHEREAS, on July 2' ), 1993 the Lake Elmo City Council granted a Conditional Use Permit to Raymond and Jane Salus /Country Aire Golf Driving Range for the purpose of operating a golf driving range on the property described as follows: Sect -36 TWP 029 Range 021 NW1/4- SWI/4362921 exc the following. Beg at SW cor of SD NW1 /4 of SW1 /4 & run thence east on south line of SD NWI /4 of SW1 /4 16 rods to a pt then north on a line par with W line thereof 10 rods to a pt run thence west on a line par with south line thereof 16 rods to a pt in west lie thereof run thence south along SD West line 10 rods to place of Deg. Exc beg at a pt in W lie of NWI /4 of SW1/4 I SD Sec 36 T29N R21 W 36 rods N of SW Cor of SD NW 1/4 of SWI /4 running then E on a line par with S line of SD NW1 /4 of SW 1/4 160 ft. to a pt running then N on a line par with W lin of NW 1/4 of SWI /4 90 ft to a pt running then W on a line par with S line of SD NW 1 /4 of S W 1 /4 160 ft to W In then Son W line of SD 36 of SD sec 36 90 ft. to place of beg. Exc 3410, described as follows: Sect 36 Twp 029 Range 21 Part NE 1/4 -SWI /4 S36T29R21 the N 474.06Ft of NWI /4 -SWI /4 of S36 T29 R21 This parcel is Subject to R/W of Lame Elmo Ave N. (AKA as Co Hwy #17) WHEREAS, said Conditional Use Permit was amended by City Council Resolution 93 -19 on May 4, 1993. WHEREAS, Section 301.070 D.l .b.(4) of the Lake Elmo Municipal Code allows Commercial. Recreation of a Rural Nature in the City of Lake Elmo by Conditional Use Permit; and WHEREAS, on September 24, 2001 the Lake Elmo Planning Commission held a public hearing to consider the request of Raymond and Jane Salus /Country Aire Golf Driving Range for an amendment to the existing conditional use permit to allow the substitution of an eighteen hole practice /training golf course for three hole practice /training golf course. WHEREAS. The Lake Elmo Planning Commission recommended the City Council approve the amendment to the existing Conditional Use Permit No. 93 -19 to permit an eighteen -hole practice /training golf course subject to the following conditions: I . All conditions of Resolution 93 -19 shall remain intact. 2. Only if there is a demonstrated need shall the applicant construct additional off - street parking spaces. 3. The applicant shall obtain a permit or a waiver of permit requirement from the Valley Branch Watershed District. 4. Any additional run -off created by the eighteen -hole range shall be contained on the property. 5. The applicant shall work with Washington County to see if an additional turn lane is necessary for any new proposed parking area.