2021-092 - Laserfiche WebLink

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WHEREAS, the City Council considered the variance request at its August 17, 2021 meeting and directed City staff to bring back arevised Resolution of approval that clarifies that the New Driveway would be for legal access purposes not only for the planned chapel but for any other buildings and uses on the Property; and WHEREAS, the City Council considered this revised Resolution at its September 7, 2021 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following findings and conclusions: FINDINGS 1) That the procedures for obtaining a variance are found in the Section 154.109 of the Lake Elmo Zoning Code. 2) That the Applicant met all the variance application and submission requirements of Section 154.109 of the Lake Elmo Zoning Code. 3) That the proposed variance includes the following component: a) That the New Driveway will provide access to the Property from Demontreville Trail. 4) With respect to the proposed variance from the City's requirement that for chapels or places of worship that there must be direct access to an arterial or collector street, the strict enforcement of this requirement will cause practical difficulties and the Applicant proposes to use the Property in a reasonable manner not permitted by an official control. The addition of a chapel to Property has been planned since at least 1991 when the City first approved a Master Plan for the Property. The Applicant has been using the Existing Driveway to Demontreville Trail for access to the Property even prior to that time. The proposed chapel is a reasonable use of the Property given that it is permitted by conditional use permit and a conditional use permit has been granted by the City. The addition of a new driveway to Demontreville Trail for access purposes is reasonable given the fact that the Existing Driveway also provides access to the Property via Demontreville Trail and not to an arterial or collector street and this type of access has not been an issue. 5) With respect to the proposed variance from the City's requirement that for chapels or places of worship that there must be direct access to an arterial or collector street, the plight of the Applicant is due to circumstances unique to the Property not created by the Applicant. According to the Applicant, the existing lot layout with the access easement to Demontreville Trail has been in place since 1904, prior to the Applicant's ownership of the Property. Therefore, this situation was not created by the Applicant. For the Applicant to be able to access the Property via an arterial or collector street, it would need to significantly re-route the driveway due to the topography of the Property. The re-routing ofthe driveway would then cause it to go through a neighborhood. 6) With respect to the proposed variance, the proposed variance will not alter the essential character of the locality in which the Property is located. The proposed variance will allow the Applicant to use the New Driveway foraccess to the Property and for the proposed chapel. The New Driveway will not be altering the essential character of the LA515-1-745000.v2