#06 - 10997 32nd St. Variance - Laserfiche WebLink

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Article XIX — Shoreland Overlay District REVIEW AND ANALYSIS/DRAFT FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 105.12.320 before the City may grant an exception or modification to city code requirements. These criteria are listed below, along with comments from Staff about the applicability of these criteria to the applicant's request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - "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. FINDINGS: The applicants are proposing to split the property and maintain the single - Family dwelling unit on each lot. The property already has separate utility stubs and access points. Dividing the lot would make the property consistent to how it was originally platted as Lot 9 and .Lot 10 of.Lake Elmo Park and clarify ownership. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDJNGS. The current property owners did not consolidate the parcels. Dural Single Family (RS) zoning does not permit two primary dwelling units on a single parcel. By dividing the lots, the applicant would be making the parcel more conforming with the R S zoning district. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: No construction or alteration of structures is proposed with this request. Since the proposal is adding a single property line, the essential character should not be negatively impacted. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. .FINDINGS: The property is to remain in two single family dwelling units. The variances should not negatively impair adjacent properties, property values, or increase congestion on the public street.