10-01-02 CCM - Laserfiche WebLink

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M/S/ Siedow/Hunt — to approve Resolution No. 2002-105 approving the Preliminary Plat of Lake Elmo Business Park. M/S/P Armstrong/DeLapp - to table the motion. Motion Failed 2-3 Siedow, Dunn, Hunt.) M/S/P Siedow/Hunt - to approve Resolution No. 2002-105 approving the Preliminary Plat of Lake Elmo Business Park based on a Finding of Compliance with Section 400 of the City Code and the recommendation of the Planning Commission. (Motion passed 3- 2: Armstrong, DeLapp) B. Zoning Variance (Shoreland Overlay) — McAdams/Mogren The City Planner reported the Planning Commission adopted a recommendation to approve this application for variances to allow construction of a new house on a 2-acre lot, where the front (street) setback would be 25 feet (R-1 standard of 30 feet); and the minimum OHW setback would be 56 feet (Shoreland Overlay Standard of 100 feet). The application had been first considered by the Commission at its September 9 meeting; and, tabled to permit the applicant to consider measures to mitigate the impact of the OHW variance within the intent of the ordinance. Those suggested measures included moving the proposed house 5 feet closer to Lake Jane Trail, and, affirmative measures to preserve the tree cover and lake vegetation that exists on and adjacent to the parcel. Bob McAdam explained this will be his own home, and it would not be intrusive to the neighborhood. Council member Armstrong stated she would make a motion to deny based on the following findings: 1. This home is far too close to the Ordinary High Water Mark in the Shoreland District. They would be 56 feet away when 100 feet is required. 2. An additional variance is requested from the road side of five feet. 3. This is not the least variance they could have requested. The house looks to be 127 x 40 feet including a triple garage (for resale). 4. The applicant proposes using a mound septic system. This is not advisable as a first system especially this close to the water and in a lot this heavily wooded. 5. Economic reasons must not be any consideration in granting a variance. 6. The separation of the drainfield from the neighbor's well to the west is in question. 7. This land was deemed unbuildable for good reason. It has a propensity to flood, and we can't ever be sure that won't happen again. 8. Granting this variance will set a precedent to the other landowners in the area who own lots within the Ordinary High Water Mark. 9. There are alternative reasonable uses of this land. Council member DeLapp noted this application has overlapping setbacks; there is a negative 5' of house that can go in. This house is quite a bit larger than other houses on LAKE ELMO CITY COUNCIL MINUTES OCTOBER 1, 2002