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CITY OF LADE ELM WASHINGTON COUNTY STATIC GE MINNESOTA RE' SOLUTIO O 20 - 6i RESOLUTION DENYING VARIANCE TO ALLO WANACCESSORY BUILDING TO BE TALLER THAN 22 FEET IN HEIGHT FOR THE PROPERTYLf CATER AT 944 7 STILL PVA TER 13I I E REAS, Todd Alguire (the "Applicant") of 9447Stillwater Blvd, Lake Elmo MN 55042 (the "Property") has submitted an application to the City of Lake Elmo (the "City`) for a variances) to allow accessory building closer to the fr-ont lot tine than the principle structure and for the accessory building to exceed 22 fl. in height (or the heightoftheprinciple s =); and WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 154.1 l9; and WHEREA , the Lake Elmo Planning Commission field apublic hearing on said variances on August 2 1, 2t 1 ; and WHEREAS, the Labe Elmo Planning Commission has submitted its report and recommendations with respect to the requested variances to the City Council as part of the City Staff Memorandum dated., September 171, 2019; and WHEREAS, the City Council considered the variances at its September 171, 2019 meeting, and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FMINGS 1) That the procedures for obtaining a variance are found in the Section 154.109 of the Lake Elms Zoning Code: 2) That all submission requirement s of Section 154.109 of the Lake Elmo Zoning Code have been met by the Applicants; ) That the proposed variances include the following components. a) That the proposed accessory building be located closer to the front property line than the principle structure. b) The height of the accessory building to exceed the maximum allowed accessory building height of22 ft. (or the height of the principle building) by 3 ft. 4) The City Council has approved a variance for the location of the proposed accessory building with. Resolution 2 19-066. 5) The request for increased height falls to meet the variance criteria for to unique circumstance. The City defines h unique circumstance as the following; Unique Circumstances the flight of the landowner is due to circurnstances unique to the property not created by the landowner; With respect to the proposed sed variance relating to the height of the structure the fiat of the Applicant is not unique and has been caused by the applicant. Staffhas had difficulty determining the unique circumstance that would warrant approval of the structures height. The property is not currently used for a r icutturat purposes, be and pet sonal enjoyment, 543597v2 SJS LAS 15-1