Laserfiche WebLink
under the impression that a building permit had been granted for <br />the horse barn. <br />ANALYSIS <br />The State of Minnesota's Model Pipeline Ordinance has established <br />the minimum building setback from a pipeline as the pipeline <br />easement. In this particular location, the pipeline easement is <br />50 feet wide. The building setback from the pipeline then should " <br />be 25 feet, assuming the pipeline is located in the center of the <br />easement. In the past, the City of Lake Elmo has also required <br />"primary" structures to be setback 100 feet from an existing <br />pipeline in order to protect "human life". The building in <br />question, however, is an accessory structure and was not <br />constructed for purposes of housing human life. <br />The applicants are not under any undue hardship concerning the <br />side yard setback or the setback from a pipeline. Applying the <br />City's setback requirements, the applicant would have been able <br />to locate the horse barn on the subject property without <br />requiring a variance. Specifically, the building could have been <br />placed in a manner that the 100 foot side yard setback could have <br />been maintained. (Please refer to attached Figure 7). <br />The applicants may desire to locate a horse barn further from the <br />existing Amoco pipeline as a means of added protection for their <br />horses. The applicants, however, do this at their own volition. <br />The City has established its setback requirements for the <br />purposes of protecting public health, safety and welfare. The <br />applicants have failed to meet the side yard setback requirement <br />and have not provided sufficient justification to demonstrate <br />that an undue hardship exists. The Zoning Ordinance requirements <br />for granting variances is attached (Exhibit A]. <br />It should be noted that a variance is not required if animals (in <br />this case horses) are not housed in the accessory building. the <br />side yard setback is 10 feet for accessory structures not housing <br />animals. The existing horse barn is currently located 55 feet <br />from the side yard setback. <br />RECOM41MATIoN <br />After careful review of the unique aspects of this variance <br />request, we are recommending denial for the reduction of the <br />farm -related side yard setback from 100 feet to 55 feet for the <br />Nicholson\Ganly property located at 8975-15th Street N. This <br />recommendation is based on the following findings: <br />E <br />