HomeMy WebLinkAboutItem 9 CC Item #9 7-2-13 AGENDA ITEM1
MAYOR AND COUNCIL COMMUNICATION
DATE: 07/02/2013
CONSENT
ITEM #: 9
AGENDA ITEM: Variance – 4719 Olson Lake Trail
SUBMITTED BY: Nick Johnson, City Planner
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Planning Commission
Kyle Klatt, Planning Director
SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................................................................Staff - Report/Presentation……………………………………………...………........................Staff - Questions from Council to Staff................................................................…...Mayor Facilitates
- Public Input, if Appropriate..............................................................................Mayor Facilitates - Call for Motion.........................................................................................Mayor & City Council - Discussion................................................................................................Mayor & City Council
- Action on Motion.............................................................................................Mayor Facilitates SUMMARY AND ACTION REQUESTED: The City Council is asked to consider a Variance at 4719 Olson Lake Trail North to allow the construction of a covered porch within the 100 foot shoreland setback per the City’s Shoreland Ordinance
(§150.255). The Planning Commission held a public hearing on June 24, 2013, at which time no one spoke in favor or against the variance. The Planning Commission unanimously recommended the variance for approval. The Planning Commission recommends the City Council approve the Variance by taking the following action: “Move to approve Resolution No. 2013-51, approving the variance requested at 4719 Olson Lake Trail North to allow construction of a covered porch within the 100 foot shoreland setback.” BACKGROUND AND STAFF REPORT: The City of Lake Elmo received an application for a variance from Mrs. Mary Florence Brink and Mr.
Thomas Brink. The variance would allow the construction of a covered porch within the 100 foot shoreland setback at 4719 Olson Lake Trail North. The applicants intend to construct the porch as part of a new single family home, replacing the existing home. The location of the new home is proposed to be in a similar location with a reduced footprint. However, due to the existence of two large, mature oak trees on the north side of the property, the applicants are unable to construct the covered porch without encroaching on the 100 foot shoreland setback. While decks are a permitted encroachment into the 100 foot shoreland setback, covered structures are not allowed as a permitted encroachment. The applicants have noted that a screened porch is important to reasonably enjoy the property due to the fact that Thomas Brink is strongly allergic to wasps and bees. In order to confirm the site conditions requiring the porch to
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be located within the 100 foot shoreland setback, Staff made a site visit and found the physical constraints to be accurate. Photos from the site visit are found in attachment #6. In addition, the site plans detailing the existing conditions and the proposed new single family home are found in attachment #4. In order to approve a variance under the new State Statute, the applicant must demonstrate compliance
with 4 required findings:
1. Practical Difficulties
2. Unique Circumstances
3. Character of the Locality
4. Adjacent Properties and Traffic Staff reviewed the application and determined that the variance request met the 4 required findings.
Additional detail about this review can be found in the Staff Report to the Planning Commission,
attachment #2.
Finally, the applicant is still working with Washington County to determine if the existing septic system
is compliant according to Washington County rules. Based upon a preliminary review of the septic
system, it is more than likely that the system will be deemed non-compliant. If that is the case, it is
possible that the applicants will be applying for an additional variance to allow for holding tanks for a
period longer than 12 months, which is a longer time period than is allowed under Washington County
rules. Given that the property is in the area guided for future sewer extension in the City’s
Comprehensive Plan, the City would consider the variance request as long as the design and proposal met
the approval of Washington County. Any issues or considerations pertaining to the septic system must be
resolved before the issuance of a building permit.
RECOMMENDATION: The Planning Commission recommends the City Council approve the Variance by taking the following action: “Move to approve Resolution No. 2013-51, approving the variance requested at 4719 Olson Lake Trail
North to allow construction of a covered porch within the 100 foot shoreland setback.” ATTACHMENT(S): 1. Resolution No. 2013-51 2. Staff Report to the Planning Commission, 6-24-13 3. Variance Application w/Narrative 4. Site Plans 5. Location Map 6. Site Photos