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HomeMy WebLinkAboutResolution 2011-054CITY OF LAKE ELMO WASHINGTON OMINNESOTA RESOLUTION NO. 2011-054 5) That the proposed Interim Use will make use of the existing facilities that are used to support the Christmas tree farm, including a sales building, warming house, and off-street parking area, and that the terms and conditions associated with the interim use will not apply to any portion of the site that is already used for permitted activities, including the current tree farm. 6) That the applicant will be allowed to supplement the sale of Christmas trees grown on-site with trees grown off-site throughout the duration of the interim use permit, regardless of whether or not applicant sells produce grown off-site in any given year. 7) That the proposed use will be located on property legally described as: Part of the east half (1/2) of the southeast quarter (1/4) lying northerly of the current existing east-west right-of-way known as 43rd Street North, in Section 11, Township 029 West, Range 21 North in Washington County and State of Minnesota. Commonly known as 4452 Lake Elmo Avenue North. 8) That the use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. The Agricultural and Rural Residential zoning districts were amended in 2010 to include Agricultural Sales Business as an Interim Use in each district. 9) That the use will not adversely impact nearby properties through nuisance, noise, traffic, dust, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. The Krueger's Christmas Tree Farm has been in operation for approximately 30 years. Staff is not aware of any issues or nuisance conditions that have been identified in this period of time, and the proposed Interim Use Permit will not alter the current operations in any significant manner. 11) That the date or event that will terminate the use is identified with certainty. The interim use agreement establishes a termination date for the permit that is set at January 1, 2032 or upon the sale or transfer of ownership in the property, wi,icirever occ ins-fifir 12) That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. Thd aI plicant is not requesting to add any additional structures at this time 13) That there are no delinquent property taxes, special assessments, interest, or city utility fees due upon the subject parcel. Dean A. Johnston, ayvor& Craig DaWbp, Interim City Administrator H