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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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The survey clearly illustrates a silt fence above the OHW and also <br />above the Bluff line 18% slope along with a rain garden to <br />prevent any erosion into the lake, preserve shoreland aesthetics, <br />preserve historic values to maintain it’s pristine condition. <br />105.12.1260(5)(a) Subdivision standards suitable lot <br />The Variance request will require to combine Outlot B and the <br />Chavez parcel into 1 lot. <br />105.12.1260(5)(b) Subdivision of lots that require 1 or more <br />variances <br />Nothing I, or my predecessors did created the need for a <br />variance—the later imposition of bluff land setbacks that <br />interfere with placement of a house on a lot that was lawfully <br />created. We did not change the surface of the land or the <br />position of any bluff or steep slopes, did not erect any structures <br />and the lot it exists in its natural state, not to mention its <br />approved subdivided state. This is precisely the situation <br />where variances are strongly compelled. <br /> <br />105.12.1260(7)(e) Grading in shoreland areas <br />The survey clearly depicts Sod or Seed with approved mixture or <br />sod all disturbed areas after grading is completed. Additionally, <br />Rain Garden #2 has been strategically located that will provide <br />management practice that will provide treatment needed to <br />conform to the VBWD Rules and Regulations. <br /> <br />c. A Specific written description of the proposal and how it varies <br />from the applicable provisions of Lake Elmo Code. <br />Please refer to the above 2c response that specifically address the <br />Lake Elmo Code. <br />d. Narrative of discussion with staff <br />I have met with the City Planner and the Community Development <br />Director initially on October 12, 2024 and November 20, 2024 to <br />discuss the Variance Requirements before submitting the request. <br />In both meeting I shared the various documents I intended to <br />submit which included the parcel survey and other related <br />documents. The City Planner responded with the specific <br />Variances that would be required in the Variance submission. <br />e. Explain why the strict enforcement of this chapter would cause <br />practical difficulties because of circumstances unique to the <br />individual property under consideration. <br />There are no viable solutions other than to request a variance. <br />This is a lot of record prior to the 1980’s before the current <br />regulations were in affect. <br /> <br />Nothing I, or my predecessors did create the need for a variance— <br />the later imposition of bluff land setbacks that interfere with
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