Resolution 2009-022 - Laserfiche WebLink

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3) That the proposed setback variance of twelve feet is to allow the construction of two structures: an in- ground pool and spa at 2931 Jonquil Trail North. 4) That the Variance will be located on property legally described as Lot 12, Block 1, Farms of Lake Elmo, Washington Co., Minnesota. 5) The proposed structures would not change the essential character of the neighborhood the neighborhood as the two adjacent properties currently have in- ground swimming pools and other accessory structures in their rear yards. 6) The rear yard of the property abuts Outlot A which is restricted by a conservation easement and intended to be utilized for open space. The Lake Elmo Regional Park Reserve is located directly to the south of Outlot A. 7) Existing and proposed vegetation, the slope of the rear yard, and the location of the proposed structures in the rear yard reduce, or in some cases, eliminate the visual impact to others. 8) The site characteristics allow the ability to add additional screening to enhance the viewshed of the Lake Elmo Regional Park Reserve. 9) The proposed in- ground swimming pool and spa cannot be established under the conditions allowed by the city's zoning regulations and no other reasonable alternative use exists. The applicant's bought the existing home in its existing location with the intention of building a swimming pool in the rear yard. The applicable setback requirements outlined in the Open Space Preservation regulations and swimming pool requirements leave little area in the Near yard of the property to be built upon. 10) The plight of the landowner is due to the physical conditions unique to the land and are not applicable to other lands, structures, or buildings in the same zoning district. The existing home was built, further back on the lot leaving little buildable area in the rear yard. Although the lot abuts Outlot A which functions as preserved open space within the development, approximately forty feet of the buffer setback encroaches on the rear yard of the applicant's property. The,forty foot encroachment is an unbuildable area. The applicants' home has also been built at a setback established by the other adjacent parcels, and a swimming pool in the proposed location would match the existing setbacks within the neighborhood. The adjacent parcels do not follow a consistent setback from the boundary of the development, and the applicant's property does not have as much buildable area in the rear yard for structures as other parcels in the neighborhood. 11) The variance will not change the essential character of the neighborhood. The proposed pool and spa are similar to the structures in the neighborhood. Approval of the variance would not change the character of the neighborhood. There is adequate room on the applicants' parcel to provide screening that will not only mitigate any impacts to the