Laserfiche WebLink
2 <br /> <br />LA515\1\1007188.v1 <br />105.12.1260 (7)(c) - Vegetative Clearing In Bluff Impact <br />Zone/Steep Slopes <br />Not Permitted Proposed <br />105.12.1260 (5)(a) – Subdivision Standards, Suitable Lot Not Permitted Proposed <br />105.12.1260 (5)(b) Subdivision Standards, Variances Required Not Permitted Proposed <br />105.12.1260 (7)(e) - Grading In Shoreland Areas Not Permitted Proposed <br /> <br />ISSUE BEFORE THE CITY COUNCIL: <br />The City Council is being asked to review and make a determination on the variance requests. <br /> <br />VARIANCE REQUEST DETAILS/ANALYSIS: <br />Applicant: <br />Owner: <br />Joe and Joan Chavez <br />Joe and Joan Chavez (PID 14.029.21.24.0004) and GWSA Craig Allen (Outlot B) <br />Address/PID: <br />Requests: <br />(PID 14.029.21.24.0004) <br />The Applicants are seeking seven deviations from the City’s shoreland standards (LEC <br />105.12.1260) <br />Existing Zoning: Village Low Density Residential (VLDR), Shoreland Overlay District, VBWD <br />Surrounding <br />Zoning: <br />North: Open Space Planned Unit Development (OP PUD) Hamlet on Sunfish <br />South: Sunfish Lake <br />East: Village Low Density Residential (V LDR) Northstar <br />West: Sunfish Lake <br />Deadline for <br />Action: <br />Application Complete – 11/26/2024 <br />60 Day Deadline – 1/25/2025 <br />City Council Date – 1/21/2025 <br />Applicant and City Agreed to a deadline extension to 2/28/2025 <br />Applicable <br />Regulations: <br />Article V - Zoning Administration and Enforcement <br />Article XII – Urban Districts <br />Article XIX – Shoreland Overlay District <br /> <br />DRAFT FINDINGS: <br />An applicant for a variance must establish and demonstrate compliance with the variance criteria <br />set forth in 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 City Staff about the applicability of these criteria to the Applicants’ request. <br /> <br />1) Practical Difficulties. A variance to the provision of this chapter may be granted by the <br />Board of Adjustment upon the application by the owner of the affected property where the <br />strict enforcement of this chapter would cause practical difficulties because of circumstances <br />unique to the individual property under consideration and then only when it is demonstrated <br />that such actions will be in keeping with the spirit and intent of this chapter. <br /> <br />FINDINGS: The practical difficulties criteria is about what is reasonable given the purpose <br />of the ordinance, not what is reasonable to the applicant. The request should be the minimum <br />necessary to achieve the purpose of the ordinance. Enjoyment of the parcel in its natural <br />state, building a smaller house, moving the house further from the lake, or even using the <br />property as an access to Sunfish Lake, are sufficient and reasonable uses of the property. <br />Staff finds that constructing a large single family home is not a necessity in this sensitive <br />natural area. Practical Difficulties Criteria is not met. <br />