HomeMy WebLinkAboutResolution 2016-088gum
A RESOL UTION A PPR 0 VING A N INTERIM USE PERMIT FOR THE KEEPING OF HORSES
IN CONJUNCTION IffTHA CHURCH FOR THE PROPERTYLOCATED AT 10240
STILL WATER BOULEVARD NORTH
VMEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Common Ground Church, of 10240 Stillwater Boulevard North (the
"Applicant") has submitted an application to the City of Lake Elmo (the "City") for an Interim
Use Permit for the keeping of horses in conjunction with a church for the property located at
10240 Stillwater Boulevard North (the "Property"); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154. 102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on September 26, 2016; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 4, 2016,
2016; and
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
1) That the procedures for obtaining said Interim Use Permit are found in, the Lake Elmo
Zoning Ordinance, Section 154.107.
2) That all the submission requirements of said Section 154.107 have been net by the
Applicant,
3) That the proposed Interim Use Pen -nit includes the following components:
Resolution 2016-88 1
a) An Interim Use Permit for the keeping of horses in conjunction with a church for
the property located at 10240 Stillwater Boulevard North,
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zoning5) The use is allowed as an interim use in the respective
standard zoning regulations. The property is located in the Public and Quasi -Public
InterimSpace
district, and the
of horses in conjunction with churches by
zoning' : keeping zoning
provisions set forth for such use.
h) 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 property should not be considered a nuisance because it meets the
minimum criteria for the keeping of horses set forth in City Code.. The impact of two
horses has proven, and is expected to continue, to be minimal.
7) The use will not adversely impact implementation of the Comprehensive Plan. The
Comprehensive Plan shows that the property is guided for Rural
horsesThe keeping of on this propertye no structures
portionare being built on this of #
being made.
) The user agrees to all conditions that the City Council deems appropriate to establish the
interim use. This may include the requirement of appropriate financial surety such as a letter
of credit or other security acceptable to the City to cover the cast of removing the interim use
and any interim structures not currently existing on the site, upon the expiration of the interim
use permit. The applicant will need to sign another Consent Agreement that shows
agreement to all conditions set forth.
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9) There are no delinquent property taxes, special assessments, interest, or city utility fees due
upon the subject parcel. The Finance Director has been contacted to verify this and has
stated that no substantial amount of the aforementioned is due to the City that should
prevent the property from being granted the Interim Use Permit.
10) The date or event terminating the interim use shall be set by the City Council at the time of
approval. The Interim Use Permit shall be valid until December 31, 2026.
Based on the foregoing, the Applicant's application for an Interim. Use Pennit for the keeping of
horses in conjunction with a church is granted, subjectto the following conditions:
1 No more than two horses shall be allowed on the property,
) The keeping of horses shall be limited to that side of the property that is located to the East of
Kelvin Avenue North;;
3) All efforts to maintain at least two inches of vegetative cover shall be made in order to
properly upkeep the pasture area;
) All riding of horses shall be done in accordance with Section 95.060: Horses, of the City
Code, and the property must maintain compliance with regulations pertaining to Livestock:
Sections 95.090 & 154.9 14 of the City Code;
5) A "No Parking" sign shall be placed near or on the gate near the area abutting Kelvin Avenue
North near the stop sign.
6) The Interim Use Permit shall be valid until any one of the events listed befog occurs,
whichever occurs first:
1, Until December 31, 2026;
2, Upon the sale of the property;
3. Until a violation of the Consent Agreement;
4. Until a change in the City's zoning regulations, which renders the interim use non-
conforming; or
5. Until the redevelopment of the Property for a permitted or conditional use as allowed
y the City's zoning regulations:
7) The applicant must sign and submit to the City a consent agreement before December 31,
2016..
Passed: and duly adopted this 4h day of October, 2016 by the City Council of the City of Lake
Elmo, Minnesota.
Michael Pearson, Mayor
qieEST:
ohnson, Clerk
Resolution 2016-88