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#10 - Chavez Variance
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#10 - Chavez Variance
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8/15/2025 8:27:08 AM
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<br />January 27, 2025 <br /> <br /> <br />Lake Elmo Planning Commission <br />3880 Laverne Avenue North <br />Lake Elmo, MN 55042 <br /> <br /> <br />Re: Planner Report Re Chavez Property <br /> <br />Dear Planning Commission: <br /> <br />I am writing in response to the statements in the Staff Report dated 1/13/2025. <br /> <br />We have previously corresponded with a staff to illustrate why the request for a single- <br />family house on the Chavez parcel is a necessary and reasonable and a necessary <br />companion to the Northstar 2nd Addition which is planned for development imminently. <br />By pointing that out, we were able to illustrate why it makes common sense to proceed <br />with the application for the building of a single-family home on this lot at this time. <br /> <br /> <br />I. A Couple Of Background Facts Not Referenced In The Staff Report: <br /> <br />No understanding of the facts would be complete without noting that: <br /> <br />*This parcel is a lawfully preexisting lot of record. <br />*Which was expressly approved for subdivision by the City of Lake Elmo as long ago <br />as January 16, 1980 (see attachment). <br />*Like many lakeshore lots, this was before the adoption of many, if not all, of the <br />regulations present here. <br />*The lot was subdivided without road frontage by others but with City approval. <br />*It now has the opportunity to receive road frontage and municipal utilities-which <br />can be done through simple and routine requirements for coordination by and with <br />an adjacent intensive residential development as would be the case for any <br />adjacent parcel development. <br />*The house footprint is consistent with and smaller than houses in the locality <br />planned or existing. <br /> <br />So strong is the presumption that preexisting shoreland lots like this can be used for <br />a house that Minnesota Statute S. 462.357 indicates that a variance for such a <br />substandard lot, regardless of size is not even needed if it can have a sewer or septic <br />and can meet setback requirements. This is because it was common to create <br />smaller lakeshore lots—which should not be rendered practically useless by later
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