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REVIEW OF VARIANCES <br />The Developer has requested certain flexibilities for this project through variances to City Code. Variance reviews <br />are subject to Lake Elmo City Code and Statutory criteria. The following summary is intended to provide a <br />consolidated review of the flexibilities requested by the developer. <br />• Setbacks for Farmstead Residence – Per LEC 105.12.630 the minimum front yard setback is 100 feet <br />from the road right-of-way. The existing farmhouse is located approximately 75’ from the centerline of <br />Inwood Avenue (CSAH 13). With the dedication of an additional right-of-way, the house will be located <br />approximately 20’ from the new Inwood Avenue right-of-way. The Developer is requesting a variance to <br />the front yard setback in order to keep the existing house. <br />• Landscaping Per Disturbed Acre – Per LEC 105.12.480(c,2) a minimum of five trees shall be planted for <br />every one acre of land that is disturbed by development activity. The Developer is requesting a variance <br />to this provision, and is proposing to plant 3 trees per lot. The Developer notes the required standard is <br />less onerous in typical urban development of 2-4 units per acre, which generally results in a maximum of <br />2.5 trees per home. Because the proposed lots are much larger than urban lots, the Developer would <br />rather the builder and homeowner decide where to plant these trees. <br />• Sidewalk on one side of street – Per LEC 103.00.140(j,5) sidewalks are required on one side of all streets. <br />The Developer is not proposing to include sidewalks on any of the new streets, so a variance to this <br />requirement is needed. <br /> <br />RECOMENDED FINDINGS <br />Rezoning. As per LEC 105.12.280, the "city council may adopt amendments to the zoning ordinance and zoning <br />map in relation to land uses within a particular district or to the location of a district line. Such amendments <br />shall be used as a means to reflect changes in the goals and policies of the city as reflected in the comprehensive <br />plan.” When evaluating a rezoning request, the Planning Commission and City Council must find the request <br />consistent with the current city comprehensive land use plan. Staff find that the proposed RE district is <br />consistent with the Rural Single Family land use classification. <br /> <br />Variances. As per LEC 105.12.320(f), any action taken to approve or deny a variance request to the provisions of <br />the Zoning Ordinance shall be based on the listed findings. Staff has provided recommendations for each of the <br />requested variances. <br />Setbacks for Farmstead Residence: Staff recommends approval of this request based on the following findings: <br />(1) Practical difficulties. <br />The strict enforcement of this chapter would cause practical difficulties because of circumstances unique to <br />the individual property. There is an existing house on the property that is already nonconforming. The need <br />for the variance is due to the dedication of additional right-of-way for the existing county road. <br />(2) Unique circumstances. <br />The existing house on the property was built in 1925. The need for the variance is due to the dedication of <br />additional right-of-way for the existing county road. <br />(3) Character of locality. <br />The house in question has been located on this site since 1925. There is no change in the character. <br />(4) Adjacent properties and traffic. <br />This variance will not impact the supply of light and air to the adjacent property, or increase traffic on the <br />public streets.