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R-73--38 <br />RESOLUTION <br />VILLAGE OF LAKE ELMO <br />WASHINGTON COUNTY, MINNESOTA <br />A RESOLUTION GRANTING VARIANCE FROM THE PROVISIONS OF THE <br />SUBDIVISION ORDINANCE OF THE FORMER TOWN OF EAST OAKDALE. <br />WHEREAS, Mr. and Mrs. George Herbst have made <br />application for variance from provisions of the Village <br />subdivision codes; it appears that a variance is necessary <br />in order to build a single family residential dwelling <br />on the tract of land owned by the applicants in the plat <br />of Berschen's Shores because said tract does not have <br />the required 125 feet of frontage on a public road; and <br />WHEREAS, it appears to the Village Council that the <br />sale of said tract to the applicants by the prior owner <br />was in violation of the subdivision ordinance the former <br />Town of East. Oakdale which was in effect in 1966 (the <br />year of the sale); and <br />WHEREAS, it is the finding of the Council that the <br />applicants did not have actual knowledge of the ordinance <br />violation at the time they purchased said land; and <br />WHEREAS, it is finding of the Council that the facts <br />relating to the said real estate sale are, now, so remote <br />in time that it would be difficult, if not impossible, for <br />the applicants to rescind the sale or otherwise recover <br />from the prior owner; <br />WHEREAS, it .further appears that if it were not for <br />the said ordinance violation this is a case where variance <br />would probably be granted because the variance requested <br />is a minor variance in a fully developed area: <br />NOW, THEREFORE, BE IT RESOLVED by the Village Council <br />of the Village of Lake Elmo that the application of Mr. <br />and Mrs. George Herbst for variance from the provisions <br />of the applicable ordinance of the former Town of East <br />Oakdale is hereby granted in that said applicants shall <br />not be denied a permit for construction of a single <br />family residential dwelling on the subject tract of land <br />by reason of the fact that the frontage on a public <br />street is less then 125 feet; it is the finding of this <br />Village Council that the actual frontage, as determined <br />by the Village Building Official, and indicated by the <br />maps presented to the Council is in excess of 100 feet. <br />IT IS FURTHER RESOLVED that the granting of this <br />variance in no way relieves the applicants of this duty <br />to comply in all other respects with the existing <br />ordinances of the Village of Lake Elmo including the <br />Village Shoreland Management Ordinance. <br />