05-05-26 City Council Meeting Packet

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REVIEW OF VARIANCES The Developer has requested certain flexibilities for this project through variances to City Code. Variance reviews are subject to Lake Elmo City Code and Statutory criteria. The following summary is intended to provide a consolidated review of the flexibilities requested by the developer. •Front Yard Setbacks – Per LEC 105.12.630 the minimum front yard setback is 100 feet from the road right-of-way. The connecting road running internal to this development is at a high point, causing some rear yards to have significant slopes. Other lots back up to wetlands or more dense suburban development. To reposition homes and increase the usable rear yard areas, a 50’ setback is requested which would leave the homes approximately 70’ from the road. The existing farmhouse is located approximately 75’ from the centerline of Inwood Avenue (CSAH 13). With the dedication of an additional right-of-way, the house will be located approximately 20’ from the new Inwood Avenue right-of-way. The Developer is requesting a variance to allow 50’ front yard setback for all lots with the exception of a 20’ setback on the existing farmstead lot to keep the existing house. •Landscaping Per Disturbed Acre – Per LEC 105.12.480(c,2) a minimum of five trees shall be planted for every one acre of land that is disturbed by development activity. The Developer is requesting a variance to this provision, and is proposing to plant 3 trees per lot. The Developer notes the required standard is less onerous in typical urban development of 2-4 units per acre, which generally results in a maximum of 2.5 trees per home. Because the proposed lots are much larger than urban lots, the Developer would rather the builder and homeowner decide where to plant these trees. •Sidewalk on one side of street – Per LEC 103.00.140(j,5) sidewalks are required on one side of all streets. The Developer is not proposing to include sidewalks on any of the new streets, so a variance to this requirement is needed. RECOMENDED FINDINGS The findings in this staff report have been modified from those found in the Staff Report to Planning Commission dated April 13, 2026. Rezoning. As per LEC 105.12.280, the "city council may adopt amendments to the zoning ordinance and zoning map in relation to land uses within a particular district or to the location of a district line. Such amendments shall be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive plan.” When evaluating a rezoning request, the Planning Commission and City Council must find the request consistent with the current city comprehensive land use plan. Staff find that the proposed RE district is consistent with the Rural Single Family land use classification. Variances. As per LEC 105.12.320(f), any action taken to approve or deny a variance request to the provisions of the Zoning Ordinance shall be based on the listed findings. Staff has provided recommendations for each of the requested variances which have been revised based on the Planning Commission’s recommendations. Front Yard Setbacks: Staff recommends approval of this request based on the following findings: (1)Practical difficulties. The strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property. The topography of the development does not allow for the single family yards to have standard rear yard areas, and in some cases, there are concerns with rear yard slope stability given the proximity of proposed structures. There is an existing house on the farmstead property that is already