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2019-071
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2019-071
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d) Minimum Septic Area-17,000 sq ft. Variance (A mound system does not require as <br />much land area) <br />e) Minimum Lot Size -1.01 and .43 Acre Variance <br />4) Practical Difficulties as used in connection with the granting of a variance, means that the <br />property owner proposes to use the property in a reasonable manner not permitted by an <br />official control; <br />• With respect to the proposed variance for setback from the OHWL, strict <br />enforcement of the City's zoning regulations will cause practical difjiculties and <br />the applicant is proposing to use the property in a reasonable manner. The <br />property was platted and established prior to current development standards and <br />has a short depth, and so half the lot is within the required setback for a structure <br />from the Ordinary High Water Level. Therefore, a structure and its utilities could <br />not be constructed on the subject lot without a variance due to geographic <br />constraints, neighboring wells, and the required site for a septic. The Applicant is <br />proposing to construct a single family detached dwelling on the property, which is <br />a permitted use within the Rural Single Family Zoning District and is not <br />uncommon in the area. <br />• With respect to the proposed variance for the setback from the top of bluff: strict <br />enforcement of the City's zoning regulations will cause practical difjiculties and <br />the applicant is proposing to use the property in a reasonable manner. The <br />property was platted and established prior to current standards and because the <br />existing code was not in place the lot has a short depth, and so adequate spacing <br />was not provided during the subdivision process. Geographical features were not <br />taken into account and so the top of bluff is now posing as an issue. The proposed <br />home will still have a 24 ft. buffer from the top of bluff. The situation of the home <br />does seem reasonable when factoring in all other conditions on site. <br />• With respect to the proposed variance for the requested increase in impervious <br />surface, strict enforcement of the City's zoning regulations will cause practical <br />difjiculties and the applicant is proposing to use the property in a reasonable <br />manner. The applicant does not appear to have intentionally gone over the allotted <br />impervious surface allocation. Regardless of intent the proposal still does exceed <br />the allowed percentage of 15%. However, repositioning the home would cause <br />setback issues with the septic system. There can be conditions applied to the <br />approval that would help mitigate the impervious surface on the lot. The request is <br />reasonable. <br />• With respect to the proposed variance for the reduction in septic area, strict <br />enforcement of the City's zoning regulations will cause practical difjiculties and <br />the applicant is proposing to use the property in a reasonable manner. The <br />required 20,000 square feet of septic is larger than the lot itself. The Applicant is <br />proposing to construct a mound system, which will not require as large of a <br />drainfield area as would a Type I System. Provided the Applicant obtains the <br />required septic permits from Washington County, the proposed septic area will <br />suffice for a mound system to support a single family home, which is a permitted <br />use in the Rural Single Family Zoning District. The request for a decrease in
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