HomeMy WebLinkAboutResolution 2009-047RESOLUTION NO 2009-047
A RESOLUTION APPROVING A CONDITIONAL USE FOR AN
AGRICULTURAL ENTERTAINMENT BUSINESS ON PERMIT 65 ACRES FOR COUNTRY
SUN FARM AND GREENHOUSE
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 Agricultural Entertainment Business Conditional Use
Permit for the entire 67 acres, to clarify existing uses on the site, and to build an overflow
parking lot; a copy of which is on file at city hall;
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
Boat of Adjustment makes the following findings:
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1) That the procedures for obtaining said Conditional Use Permit 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.
3) That the proposed Conditional Use Permit for an Agricultural Entertainment Business
would include the construction of a 39,900 square foot parking lot.
4) That the proposed Conditional Use Permit for an Agricultural Entertainment Business
would encompass 65 acres (this does not include the approximately two acres of the
parcel that falls to the south and east of 11459 60th Street).
5) The proposed Conditional Use Permit for an Agricultural Entertainment Business would
supplant all previous CUP permits for this property and permit the following uses:
a. Corn Maze
b. Hay Ride
c. Petting Zoo / Farm
d. Haunted house
e. Seasonal Sales of related Christmas decorations (such as wreaths or other
agricultural-type creations)
f. Children Activities and Games with an Agricultural component
6) That the proposed Agricultural Entertainment Business Conditional Use Permit meets the
review criteria for Conditional Use Permits (Section 154.018) and the review criteria for
Agricultural Entertainment Businesses (Section 154.033).
a. In 2008, the City of Lake Elmo approved Ordinance 08-006 which defined
Agricultural Entertainment Business and identified the use as conditionally
permitted in the Agricultural and Rural Residential zoning districts.
c. The addition of the overflow parking area would take advantage of existing
disrupted areas as a result of work done by Northern Natural Gas.
d. The CUP for an Agricultural Entertainment Business at this time does not permit
the increase of intensity of the uses, but instead clarifies the permissible uses on
the site for staff and the property owners.
e. The conditions outlined in both Section 154.018 for Conditional Use Permits and
Section 154.033 for Agricultural Entertainment Businesses are met,
f The proposed overflow parking areas (both improved and grass) would reduce or
eliminate the parking that may take place on State Highway 36 by visitors to the
site.
7) That the following uses on the site are identified as a permitted use in the Agricultural or
Rural Residential Zoning Districts:
a. Growing of field crops
b. Housing and Care of Livestock
c. Growing of Flowers
8) That the following uses on the site are identified as an Agricultural Sales Business or a
Wayside stand, both of which are allowed/permitted within the Agricultural or Rural
Residential Zoning District:
a. Seasonal Sales of fresh flower and plant material [if the products are produced on
the premises or can meet the definition of "wayside stand"]
b. Seasonal Sale of pumpkins [if the products are produced on the premises or can
meet the definition of "wayside stand"]
c. Seasonal Sale of Christmas trees [if the products are produced on the premises or
can meet the definition of "wayside stand"]
9) That the following use on the site is identified as incidental to the property and is
permitted in all zoning districts.
a. Halloween / Holiday decorations
10) That the following uses on. the site are not allowed/permitted, nor conditionally permitted
on the site:
a. Children Activities and Games without an Agricultural component
b. Seasonal Sales of fresh flower and plant material [if the products are NOT
produced on the premises and can NOT meet the definition of "wayside stand"]
c. Seasonal Sale of pumpkins [if the products are NOT produced on the premises
and can NOT meet the definition of "wayside stand"]
d. Seasonal Sale of Christmas trees [if the products are NOT produced on the
premises and can NOT meet the definition of "wayside stand"]
Based on the foregoing, the Applicants' application for a Conditional Use Permit is granted,
provided the following conditions are met:
of structures and activities for review and approval by the City for conformity with the
approval.
8) No activity that is not authorized or permissible on the existing lands shall be expanded
or relocated onto the additional land approved for an agricultural entertainment use
hereunder.
9) If dust complaints are received from the improved parking lot being proposed, the
property owner shall implement an acceptable dust abatement technique.
Attach', ant A; Resolution 2009 347