Laserfiche WebLink
2 <br />Surrounding Zoning: North: Rural Single Family <br />South: Rural Single Family <br />East: Rural Single Family <br />West: Rural Single Family <br />Deadline for Action: Application Complete – 5/10/2024 <br />60 Day Deadline – 7/9/2024 <br />City Council Review – 7/2/2024 <br />Applicable Regulations: Article V - Zoning Administration and Enforcement <br />Article XI – Rural Districts <br />Article XIX – Shoreland Overlay District <br />REVIEW AND ANALYSIS/DRAFT FINDINGS: <br />An applicant must establish and demonstrate compliance with the variance criteria set forth in <br />Lake Elmo City Code Section 105.12.320 before the City may grant an exception or <br />modification to city code requirements. These criteria are listed below, along with comments <br />from Staff about the applicability of these criteria to the applicant’s request. <br />1)Practical Difficulties. Where the strict enforcement of this chapter would cause practical <br />difficulties because of circumstances unique to the individual property under consideration <br />and then only when it is demonstrated that such actions will be in keeping with the spirit and <br />intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in <br />connection with the granting of a variance, means that the property owner proposes to use the <br />property in a reasonable manner not permitted by an official control. <br />Findings: A single family house is consistent with the zoning district and shoreland overlay <br />district. With this request the site’s impervious surface will be reduced and brought into <br />conformance (15%). <br />2)Unique Circumstances. The plight of the landowner must be due to circumstances unique <br />to the property not created by the landowner. <br />Findings: The OHWL setback and zoning setbacks on this property significantly impact <br />buildable area. Staff finds the site revisions made from the previous request better meet the <br />intent of the shoreland overlay code. The applicants are not proposing to encroach any <br />further than the existing conditions. <br />3) Character of Locality. The proposed variance must not alter the essential character of the <br />locality in which the property in question is located. <br />Findings: Essential character should not be altered with this request. The proposal is at the <br />same setback as the current structure. <br />4)Adjacent Properties and Traffic. The proposed variance must not impair an adequate <br />supply of light and air to properties adjacent to the property in question or substantially <br />increase the congestion of the public streets or substantially diminish or impair property <br />values within the neighborhood.