#10 - Chavez Variance - Laserfiche WebLink

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Exhibit A Detailed Reason For Request The primary reason for requesting a Variance(s) is to demonstrate a home can be built on this parcel. My intent is not to build a home on this parcel but to confirm the parcel is a buildable lot for resale purposes. The parcel for which seek variance approvals to build was created in 1980. The property was confirmed by deed on January 16, 1980 and the conveyance specifically confirmed as ”entitled to recording and subdividing” by the City of Lake Elmo (See Exhibit A1 – Stamp bearing approval on deed). Because parcel property is a pre-existing of record and it would not be reasonable or lawful for it to be denied all variances necessary to allow it to be reasonably built upon in the future We are requested multiple variances for this parcel. We have owned the parcel since 1993 (See verification of ownership on Exhibit D). This parcel has been land locked until the recent NorthStar Phase I and Phase II developments were approved. The developer has designated Outlot B to access the parcel and has co-signed the Variance Request. The parcel has been rezoned to Low Density Residential (V-LDR) and a Metropolitan Council plan amendment has been approved. The parcel is 11.2 acres, although only 1.21 acres are above the Ordinary High- Water Level (OHWL) it is a suitable home site which can be developed regardless of the bluff and slope requirements of the City. The General Variance Standards are met here and it is a typical scenario where variances should be granted. As you are aware there are three underlying inquiries: • The property owner proposes to use the property in a reasonable manner (here a single family home); • The landowner’s problem is due to circumstances unique to the property and not created by the landowner; • The variance will not alter the essential character of the neighborhood. All of these criteria are readily met here: A single family home is reasonable, necessary and common in this area. Nothing I, or my predecessors did create the need for a variance—the later imposition of bluff land setbacks that interfere with placement of a house on a lot that was lawfully created. We did not change the surface of the land or the position of any bluff or steep slopes, did not erect any structures and the lot it exists in its natural state, not to mention its approved subdivided state. This is precisely the situation where variances are strongly compelled.