HomeMy WebLinkAboutItem 9 - ES CC Variance Final KK - 09 029 21 22 0025 9-3-13Page 1 of 3
MAYOR AND COUNCIL COMMUNICATION
DATE: 10/01/2013
REGULAR
ITEM #: 9
AGENDA ITEM: Dean and Gayle Dworak Variance – 09.029.21.22.0025 (Hill Trail North)
SUBMITTED BY: Nick Johnson, City Planner
THROUGH: Dean Zuleger, City Administrator
REVIEWED BY: Planning Commission
Kyle Klatt, Planning Director
Pete Ganzel, Washington County
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 submitted by Dean and Gayle Dworak 4719 Olson Lake
Trail North to allow for the construction of a single family home on a lot that is not considered a buildable lot of record under the Lake Elmo Zoning Ordinance. In addition, the variance request includes an allowance to install a subsurface sewage treatment system on a lot that does not meet the area requirements for septic systems per the Zoning Ordinance. The Planning Commission held a Public Hearing on August 26, 2013, which was continued at meetings on 9/9/13 and 9/23/13. The Planning Commission recommended denial of the variance request based upon failure to meet three findings necessary to grant a variance.
The Planning Commission recommends the City Council deny the Variance by taking the following action:
“Move to approve Resolution No. 2013-082, denying the variance requested at 09.029.21.22.0025 (Hill Trail North) to allow for the construction of a single family home on a lot that is not considered a buildable lot of record, based upon failure to meet all required findings necessary to grant the
variance.”
BACKGROUND AND STAFF REPORT:
The City of Lake Elmo received an application for a variance from Dean and Gayle Dworak to build a single family home on a lot that is not considered a buildable lot of record under the Zoning Ordinance.
In order to approve a variance under the new State Statute, the applicant must demonstrate compliance
with 4 required findings:
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1. Practical Difficulties
2. Unique Circumstances
3. Character of the Locality
4. Adjacent Properties and Traffic
The Planning Commission spent a fair amount of time over the course of several meetings reviewing the
applicant’s request, discussing the required findings of fact listed above, and considering testimony from
Staff and neighboring property owners. Staff has attached a copy of the previous reports submitted to the
Commission for review by the City Council.
PLANNING COMMISSION REPORT:
The Planning Commission conducted a public hearing on the variance request over the course of three
meetings, and adopted a motion to recommend denial of the applicant after taking additional testimony and closing the public hearing at its September 23, 2013 meeting. In order help the City Council have a better understanding of the Commission’s discussion, the public testimony received, and the reasons for
the Commission’s action, Staff has attached a copy of the draft minutes from the September 23rd meeting to this memorandum. Because the detailed minutes from the meeting are attached, Staff will not provide a summary of the comments received other than to note that:
• The applicants and property owners all spoke in favor of the variance
• Five individuals spoke against the granting of a variance.
• Another neighbor submitted written comments opposed to the variance.
• An attorney representing the Gustafson family submitted a written statement also in opposition to the variance.
Upon the close of the public hearing the Planning Commission conducted a lengthy debate concerning the
required finds of fact, and adopted findings that the variance did not meet three of these including: 1) that the variance was inconsistent with the Comprehensive Plan, 2) that there are no unique circumstances associated with the request, and 3) that the variance would lead to a degradation of water quality of the
Tri-Lakes area and would alter the essential character of the locality. A more detailed description of the Planning Commission’s findings have been incorporated into the attached resolution of denial.
The Planning Commission adopted a motion to recommend denial of the variance request with a vote of 5 ayes and 2 nays. The Commissioners voting against the motion cited the lack of evidence of water quality impacts and the number of existing lots that are either smaller or close to the same size as the applicant’s property as reasons for their vote against the motion.
RECOMMENDATION:
The Planning Commission recommends the City Council deny the Variance by taking the following action:
“Move to approve Resolution No. 2013-082, denying the variance requested at 09.029.21.22.0025 (Hill Trail North) to allow for the construction of a single family home on a lot that is not considered a buildable lot of record, based upon failure to meet all required findings necessary to grant the
variance.”
ATTACHMENT(S):
1. Resolution No. 2013-082 2. Staff Memo to the Planning Commission, 9-23-13 3. Staff Report to the Planning Commission, 8-26-13
4. Variance Application w/Narrative and Supporting Documents
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5. Location Map
6. Hill Trail Area Lot Size Analysis 7. Letter from Washington County Department of Health 8. Letter from Mr. Steve Iverson
9. Letter from Ms. Lauren Skildum, Representing the Gustufson Family 10. Letter from Mr. Gordy Grundeen 11. Excerpt from Draft Planning Commission Minutes, 9-23-13
12. Letter from Mr. and Mrs Dworak