HomeMy WebLinkAboutResolution 2016-01111 11 1 #
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WHEREAS, the City of Lake Elmo has approved a Commercial Wedding Ceremony
Venue ordinance on 2/21/13; and
WHEREAS, the Commercial Wedding Ceremony Venue ordinance was amended on
5/6/14, and on 2/16/16; and
WHEREAS, the applicant, Danielle Hecker, residing at 11658 50t" Street N, applied for
an Interim Use Pen -nit to establish a Commercial Wedding Ceremony Venue as an accessory use
on her property; and
WHEREAS, the Planning Commission held a public hearing on January 11, 2016, which
was continued to February 8, 2016; and
WHEREAS., the P14nT*ng Commission found the proposed interi'm Use adequately
conforms to the following findings of fact-
1) The use is allowed as an interim use in the respective zoning district and conforms to
standard zoning regulations.
2) 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.
3) The use will not adversely impact implementation of the Comprehensive Plan.
4) The date or event that will ten-ninate the use is identified with certainty. The applicant
has specified in the application materials that the use will terminate once the property is
sold or developed under future zoning.
5) The applicant has signed a consent agreement agreeing that the applicant, owner,
operator, tenant and/or user has no entitlement to future reapproval of the interim use
permit as well as agreeing 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 fiuure.
6) The user agrees to all conditions that the City Council deems appropriate for permission
of the use including the requirement of appropriate financial surety to cover the cost of
removing the interim use and any interim structures upon the expiration of the interim use
peri-nit.
7) There are no delinquent property taxes, special assessments, interest, or city utility fees
due upon the subject parcel; and
WHEREAS, on February 8, 2016, the Planning Commission recommended the City
Council approve the Interim Use Permit with 13 conditions; and
NOW', THEREFORE, BE IT RESOLVED THAT the City Council does hereby
approve the ten year Interim Use Pennit to establish a Commercial Wedding Ceremony Venue at
1165 8 50t" Street N with the following conditions:
I ) That a parking attendant be on site to assist with cars arriving and exiting the site for
each wedding ceremony event.
2) That the landscaped buffer on the north property line be comprised of a row of
coniferous trees spaced a maximum of 16' on center.
3) That an erosion control plan be submitted and approved by the city engineer prior to
approval issuance of the interim use permit.
4) That the approval be contingent on complying with the Valley Branch Watershed
District pennit.
5) The accessible parking stalls be comprised of a durable material, approved by the city
engineer, and signed as handicapped parking with an accessible path connecting to the
buildings and restrooms.
6) That the applicant maintain compliance with all applicable City Code standards for the
duration of the interim use.
7) That the applicant enters into a consent agreement with the City in accordance with
Section 154.107 of the City Code.
8) That the interim use is valid for a period of ten years and must be renewed by the City
Council prior to the end of this time period in order to continue operating from the site.
9) That the existing driveway be used until a road is constructed to the east with a future
residential development, at which time,a new access for the commercial wedding
ceremony venue shall be constructed, to meet the City Engineer's recommendation in the
Engineer's Memorandum dated 12/7/15, connecting to the new road.
101 That a, circular 12 foot wide, 7 ton drive be constructed to provide emergency access to
connect to the future 18 foot wide, 7 ton driveway, and that the drive be shown on the
site plan,
11) The proposed parking location is allowed provided a written agreement is signed
between the applicant and the developer of the future residential development to the
north, north-east resulting in screening along the north property that, is minimally a
double staggered row of four season plantings such as Spruce.
1 ) That a 0' street right-of-way be granted to the city for 50th Street N to accommodate a
future trail.
This resolution was adopted by the City Council of the City of Lake Elmo on this 16 day of
February, 201
rke Pearson, Mayor
ATTEST;
,tr
Juh ofms n, Cif Clerk
Resolution 2016-1