2021-055 - Laserfiche WebLink

Home Browse Search

CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2021-055 A RESOLUTION APPROVING A VARIANCE TO ALLOW THE PROPERTY IDENTIFIED AS 8950 LAKE JANE TRL., TO CONSTR UCT A SPORT COURT CLOSER TO THE ORDINARY HIGH WATER LEVEL (OHWL) THAN WHAT THE SHORELAND CODE REQUIRES. WHEREAS, Steve and Haley Meisterling (the "Applicant") owners of 8950 Lake Jane Trl, Lake Elmo MN 55042 (the "Property") has submitted an application to the City of Lake Elmo (the `City") for a variance(s) to allow the construction of a sport court which will meet all zoning requirements, except that it will be closer to the HOWL than what the shoreland code requires; and WHEREAS, notice has been published, mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said variance(s) on April 26b, 2021; and WHEREAS, the Lake 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 May 0, 2021; and WHEREAS, the City Council considered the variances at its May 4th, 2021 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining a variance are found in the Section 154.109 of the Lake Elmo Zoning Code. 2) That all submission requirement s of Section 154.109 of the Lake Elmo Zoning Code have been met by the Applicants. 3) That the proposed variances include the following components: a) The construction of a sport court which will not meet the 100 ft. setback requirement from the OHWL. The court is allowed to sit 63 ft. from the OWHL resulting in a 37 ft. variance from the City Zoning Code. 4) Practical Difficulties as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control;