HomeMy WebLinkAbout6.i. Adoption Findings of Fact for Denial of Darren & Leslie Johnson Conditional Use PermitCITY OF ROSEMOUNT
.' EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: July 2, 2001
AGENDA ITEM: Adoption of Findings of Fact: Darin & Lesley
AGENDA SECTION:
Johnson Conditional Use Permit denial
Consent
PREPARED BY: Rick Pearson, City Planner
AGEND 6 1
ATTACHMENTS: Draft Findings of Fact
APPROVED BY:
SUMMARY
On June 19, 2001, the Council directed staff to prepare findings of fact in support of the Council action the deny
the conditional use permit request for Darrin & Lesley Johnson to operate a paintball game on 27.5 acres off of
Pine Bend Trail in the Agriculture District. The findings reflecting that action are attached.
At the time of packet preparation, the draft findings had been sent to Karen Cole, the acting City Attorney for
review. Therefore, a revised resolution may be handed out at the meeting on Monday evening.
RECOMMENDED ACTION:
Motion to adopt a resolution for denial of an appeal of a conditional use permit requested by Darrin & Lesley
Johnson based upon findings of fact.
COUNCIL ACTION:
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2001-
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A RESOLUTION FOR DENIAL OF
A CONDITIONAL USE PERMIT
REQUESTED BY DARRIN & LESLIE JOHNSON
BASED UPON FINDINGS OF FACT
WHEREAS, the Community Development Department received an application for a conditional
use permit for commercial outdoor recreation on May 9, 2001; and,
WHEREAS, the Planning Commission conducted a public hearing as required on June 12, 2001;
and,
WHEREAS, the Planning Commission received testimony from affected property owners at the
public hearing in opposition to the requested conditional use; and,
WHEREAS, the Planning Commission adopted a motion to recommend approval to the City
Council with only a simple majority of a quorum present; and,
WHEREAS, The City Council considered the conditional use permit request with the Planning
Commission meeting minutes and correspondence provided by affected property owners.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Rosemount hereby
denies the conditional use permit request requested by Darrin & Lesley Johnson based upon
findings of fact:
FINDINGS OF FACT
1. The Zoning Ordinance, Ordinance B specifies standards for conditional use permits
including: "Will not be detrimental to or endanger the public health, safety, or general
welfare of the neighborhood or the city." The correspondence provided by the easterly
neighboring property owner (a horse boarding and breeding agricultural use) detailed the
effects of the paintball activity in causing their horses to panic and run. The paintball
activity results in noises that are hidden from view from the horses: "branches breaking,
rapid gunfire (compressed air guns) and bugels blowing ". This noise which cannot be
visually connected to vehicles or other common industrial or agricultural activities is
perceived as a threat to the horses which intern, react as if in danger.
2. The Zoning Ordinance, Ordinance B specifies standards for conditional use permits
including: "Will be harmonious with the objectives of the Comprehensive Plan and city
code provisions ". The neighboring properties to the east and south are zoned agriculture
and have established agricultural uses including commercial horse stables and a horse
commercial livestock feed lot. Based upon the testimony and correspondence provided,
the conditional use its inconsistent with the purpose and intent of the Agriculture District
If
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which "is primarily established to encourage the long term continuation of agricultural
and related uses in the City in areas which are both suitable for agriculture and are not
planned for urban development ".
ADOPTED this 2nd day of July, 2001 by the City Council of the City of Rosemount.
Cathy Busho, Mayor
ATTEST:
Linda Jentink, City Clerk
Motion by: Seconded by:
Voted in favor:
Voted against:
Member absent: