HomeMy WebLinkAboutResolution 2009-052RESOLUTION NO 2009-052
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Richard and Eileen Bergmann on behalf of Country Sun Farm and
Greenhouse (the "Applicants"), 11211 60th Street North, have submitted an application to the
City of Lake Elmo (the "City") to rezone a 33.44 acre parcel from Rural Residential to
Agricultural. The parcel is described as follows:
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.017; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on November 23, 2009; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated December 1, 2009;
and
WHEREAS, the City Council considered said matter at its December 1, 2009, meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the
Board of Adjustment makes the following findings:
1) That the procedures for obtaining said Map Amendment are found in the Lake Elmo
Zoning Ordinance, Section 154.020.
2) That all the submission requirements of said Section 154.020 have been met by the
Applicant.
3) That the proposed rezoning of the property is from Rural Residential to Agricultural for
the entire 33.44 acres.
4) The Rural Residential zoning district has a 10 acre minimum lot size requirement while
the Agricultural zoning district has a 40 acre minimum lot size. The rezoning of the
parcel to Agricultural would result in non-conformance to the minimum lot size as the
parcel is 33.44 acres.
5) Relocating the greenhouses would still allow for reasonable use of the current property, thereby
resulting in a de facto expansion of business activity and, with it, traffic concerns and other public
health, life and safety considerations.
6) The proposed rezoning would be preemptive in nature as the applicant's intent is to move
a greenhouse to the property which may or may not be in conflict with a currently
unknown, unplanned or unscheduled future reconfiguration of the intersection of County
Road 17 and State Highway 36.
7) As public infrastructure would be significantly impacted by any re-zoning and subsequent access
road and greenhouse relocation, the public stands to have such disruption of public services occur
on multiple times and at significantly increased cost due to this premature rezoning;
8) The applicant retains reasonable use of the affected property today and, with approval of the
Agricultural Entertainment Business CUP, is allowed for reasonable expansion of said business
within the acceptable parameters established by the City.
Based on the foregoing, the Applicants' application for rezoning the 33.44 acre parcel is denied.
Passed and duly adopted this 1St day of December 2009 by the City Council of
Elmo, Minnesota. /",—\
Dean A. Johnston, Mayor
ATTES
Bruce A. Messelt, Cit/ 'a
y Administr "tor