HomeMy WebLinkAboutResolution 2009-051RESOLUTION NO 2009-051
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") for an amendment to the existing Conditional Use Permit to add
24 acres to the existing 43 acres and to build an overflow parking lot;
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 Conditional Use Permit Amendment and are found
in the Lake Elmo Zoning Ordinance, Section 154.018.
2) That all the submission requirements of said Section 154.018 have been met by the
Applicant.
a. Greenhouse growing range
b. Sale of concessions
4) That the uses identified in the existing Conditional Use Permit are not allowed without
the rezoning of the property to the Agricultural zoning district.
5) The proposed amendment, as stated by the applicant, is intended to allow the movement
of an existing greenhouse to the property due to a future reconfiguration of County Road
17 and State Highway 36. This is preemptive in nature as a plan for the reconfiguration
has not been approved, nor is a timeline identified for when the project will take place.
a. The area identified for movement of the greenhouse may be in conflict with a
future frontage road, public utilities, or other improvements in conjunction with a
future reconfiguration of the interchange.
6) That the Conditional Use Permit Amendment does not meet the review criteria for
Conditional Use Permits (Section 154.018).
a. Without road reconfiguration, and/or until such road reconfiguration occurs, the
applicant would still have reasonable use of existing property, in addition to the
property identified within this CUP.
7) The expansion of the CUP property will likely lead to an expansion of the existing uses
which would negatively impact traffic conditions on the site.
a. Applicants own application material includes MNDOT concern over increased
traffic problems, leading the City to conclude serious community life, health and
safety considerations would be detrimentally harmed by approval of this CUP.
Based on the foregoing, the Applicants' application for a Conditional Use Permit amendment is
denied.
Passed and duly adopted this Is' day of December 2009 by the City Council of the City of Lake
Elmo, Minnesota.
Dean A. Johnston, Mayor
ATTEST:
Bruce A. Messelt, City dministrator
Atta&, )ent A; Resolution 200c., 051