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1 <br />CITY OF LAKE ELMO <br />COUNTY OF WASHINGTON <br />STATE OF MINNESOTA <br />RESOLUTION NO. 2024-074 <br />A RESOLUTION APPROVING A VARIANCE TO ALLOW A REDUCED STRUCTURE <br />SETBACK OF 47.2 FEET FROM THE ORDINARY HIGH-WATER LEVEL ON THE <br />PROPERTY LOCATED AT 8286 HIDDEN BAY COURT NORTH <br />WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, Jeff and Judy Otto (the “Applicants”), owners of the property located at <br />8286 Hidden Bay Court N, PID # 09.029.21.23.0013, Lake Elmo, MN 55042 (the “Property”) <br />have submitted an application to the City of Lake Elmo (the “City”) to request a variance to <br />allow a reduced structure setback of 47.2 feet from the ordinary high-water level for a new <br />house; and <br />WHEREAS, notice of a public hearing has been published, mailed, and posted pursuant <br />to the Lake Elmo Zoning Code, Section 103.00.120; and <br />WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter <br />on June 10th 2024; and <br />WHEREAS, the Lake Elmo Planning Commission has submitted its report and <br />recommendation of approval of the variance to the City Council as part of a Staff Memorandum <br />dated June 18th 2024; and <br />NOW, THEREFORE, based on the testimony elicited and information received, the <br />City Council makes the following: <br />FINDINGS <br />1.The Applicants are requesting a variance to allow for a reduced structure setback of 47.2 <br />feet from the ordinary high-water level for a new single family home. <br />2.That the procedures for obtaining a variance are set forth in Section 105.12.320 of the Lake <br />Elmo Zoning Code. Any action taken by the City Council to approve a variance request <br />must meet all of the following findings: <br />a.Practical Difficulties as used in connection with the granting of a variance, means that <br />the property owner proposes to use the property in a reasonable manner not permitted <br />by an official control.