Married and buried; Lake Elmo wrestles with requests to run wedding barn and cemetery

The pastoral view seen from a drive down 50th Street in Lake Elmo may be heavenly, but neighbors along the stretch of road are telling the city council, "If you want to get married or buried, keep it away from here."

In the past year, two projects have come before the council — a wedding venue in a historic barn and a residential home turned cemetery — that are challenging the limits of permitted uses in rural residential zones. These projects have some asking questions about environmental impacts and traffic safety, but more about what is the role of rural residential zoning in a growing and changing city.

"Every property owner in Lake Elmo should be concerned about this," resident James Tempest told the council during its July 21 meeting. "What is rural residential and what kind of covenant does the city have to protect us? The only reassurance I have that this property will retain its value is its zoning."

Not quite farmland, the rural residential zoned property in the city is home to hobby farms with horses. The acreage of the lots in this section of the city tends to be larger, with more distance between homes.

With increased construction of homes near the intersection of 50th Street and Highway 5, residents have seen a rise in traffic passing through to access Highway 36 in the past few years. Built as a road without a shoulder, 50th Street has little room for both pedestrians and vehicles, leading many to worry about safety.

"It is a road without a shoulder, I would say it is arguably one of the most dangerous roads in the city," Councilmember Julie Fliflet said. "In a half mile stretch, people are looking at two pretty big operations."

The intersection of Lake Elmo Avenue and 50th Street does not have a stop light, and there are no stop signs on Lake Elmo Avenue.

The surrounding area is familiar with some light commercial activity. About three-quarters of a mile south of the intersection of Lake Elmo Avenue and 50th Street is Krueger’s Christmas Trees. Zoned as agriculture property, commercial activity increases for the weeks leading up to the holidays.

The difference for residents is that, for most of the year, Christmas trees are quiet neighbors.

Danielle Hecker purchased the original Goetschel farmhouse on the 11600 block of 50th Street with the intention of preserving the historic barn.

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"Does this request really fit in with what the city of Lake Elmo wants?" Hecker asked Sept. 1. She argued it does. "Right from the (comprehensive plan), it is to preserve and protect the rural characteristic of Lake Elmo, and those three characteristics are rural character, significant natural resources and abundance of agricultural land."

There was some conflict among council members about how to handle the request to make the ordinance change.

"I agree with the statement that this is compatible with what Lake Elmo desires," Fliflet said. "I love the idea of preserving our old barns. I wish we didn’t have to impact our residents living in rural residential, which is also a reason people live in Lake Elmo."

"I have some concerns about traffic on this road," Councilmember Anne Smith. "I believe this does what the comprehensive plan asks us to do … which is to preserve our rural character."

However, many are residents disagreed.

"I’m not aware of any residents on 50th Street that are in favor of this zoning change," said Mary O’Brien. "I don’t think this will benefit the constituents that your serve, but rather an isolated handful of property owners."

Lake Elmo had an ordinance in place that would allow weddings of 150 guest to take place at a property located in agricultural or rural transitional zoning on a property with 10 or more acres. The amendment to the ordinance will allow property in rural residential zones to host weddings on sites that have historically been used as a farmstead and incorporate a barn that is older than 75 years. According to planning director Kyle Klatt, only a handful of properties in the city would qualify for a commercial wedding venue permit.

In a 3-2 vote, the council approved the ordinance to allow for wedding receptions to take place in a barn, like the one that belongs to Hecker, with an interim use permit. Council members Julie Fliflet and Jill Lundgren cast the dissenting votes. With an interim use permit, the city has the ability to set a time limit — a few months or several years — with the option not to renew the permit when time has run out.

The Rossow family property in Lake Elmo awaits approval for use as a cemetery. (Gazette staff photo by Alicia Lebens)

Cemeteries are more difficult to reverse than barns used as wedding venues. Once a cemetery exists, it is registered with the state of Minnesota, along with the names and locations of those interred.

The proposed cemetery, called Halcyon Cemetery, would be located on the northeast corner of 50th Street and Lake Elmo Avenue on a 10-acre site in an area zoned rural residential. Currently, the property has a single-family home and accessory building built in 1984. The home was built by Lee Rossow’s parents, Marge and Roy, and was occupied until his mother passed away in 2011. Rossow plans to build and operate the cemetery.

According to a sketch plan initially presented to the city council Dec. 2, 2014, the cemetery calls for three additions: an area for in-ground burials, a space for columbarium and a parking lot. The existing home would be turned into a space for services and memorials, and a place for the cemetery caretaker to live.

When the project came to the city council again on July 21, Rossow said the home would be expanded to accommodate more than 200 mourners and provide space for services.

If the council approved the preliminary plat for the project, the city would commit to allowing for the land to be used as a burial site forever.

"The applicant has said that he understands that by state law a mortuary is not allowed at a cemetery," Klatt said. "There is no proposal to operate a funeral home at this site."

Neighbors have been vocal in their opposition to the cemetery, with some placing signs in their yards in opposition. Rossow said he understands the traffic concerns.

"We want to get people off of 50th street," he said. "We don’t want to annoy people."

However, the formation of a cemetery is a use allowed for his property according to the city code.

"Everyone seems to be dancing around is it commercial or is it rural residential," Rossow said. "There doesn’t seem to be a definition of this in your code."

Klatt said the city had added the use of cemeteries into agricultural and rural residential zoning areas in a code update in 2013.

"According to the Lake Elmo Zoning Code, cemeteries are considered a permitted use in agricultural and rural residential zoning district," Klatt said.

Christy Roberts lives across the street from the proposed site for the cemetery and has concerns for the safety of her six children with the increase in traffic.

"There are so many questions, so many things are undefined," Roberts said. "It seems like this is happening very quickly."

"It might fit all the rules, but it doesn’t fit the neighborhood," Rebecca Tempest said.

The council voted July 21 to table the vote on Halcyon Cemetery until a future meeting after city attorney Dave Snyder could investigate more issues related to the cemetery. The issue has not yet returned to the council for consideration.

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