HomeMy WebLinkAboutItem 12 - Dworak Packet 10-15-13 CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2013-082
A RESOL UTION DENYING A VARIANCE AT 09.029.21.22.0025 (HILL TRAIL NORTH)
TO ALLOW THE CONSTR UCTION OF A SINGLE FAMILY HOME ON A LOT NOT
CONSIDERED A BUILDABLE LOT OF RECORD PER THE LAKE ELMO ZONING
ORDINANCE AND TO ALLOW FOR THE INSTALLATION OF A SUBSURFACE
SEWAGE TREATMENT SYSTEM ON LOT THAT DOES NOT HAVE THE REQUIRED
AMO UNT OF AREA THAT IS SUITABLE FOR A SEPTIC SYSTEM PER THE LAKE
ELMO ZONING ORDINANCE.
WHEREAS,the City of Lake Elmo is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS,Mr. Dean Dworak and Mrs. Gayle Dworak, 12325 Upper Heather
Avenue North, Hugo, Minnesota, (the"Applicant")has submitted an application to the
City of Lake Elmo (the "City") for a variance to allow for the construction of a single
family home on a lot that is not considered a buildable lot of record; and to allow for a
subsurface sewage treatment system on a lot that does not have the required amount of
WHEREAS, notice has been published, mailed and posted pursuant to the Lake
Elmo Zoning Ordinance, Section 154.109; and
WHEREAS,the Lake Elmo Planning Commission held a Public Hearing on said
matter on August 26, 2013, September 9, 2013, and September 23, 2013; and
WHEREAS,the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 1,
2013; and
WHEREAS,the City Council considered said matter at its October 1, 2013
meeting and postponed consideration until the next available meeting; and
WHEREAS, the City Council considered said matter at its October 15, 2013
meeting.
NOW, THEREFORE, based on the testimony elicited and information received,
the City Council makes the following:
FINDINGS
1) That the procedures for obtaining said Variance are found in the Lake Elmo
Zoning Ordinance, Section 154.109.
2) That all the submission requirements of said Section 154.109 have been met by
the Applicant.
Resolution 2013-082 1
3) That the proposed variance is to allow for:
a) The construction of a single family home on a lot not considered a
buildable lot of record per the Lake Elmo Zoning Ordinance; and
b) The installation of a subsurface sewage treatment system on a lot that does
not contain the necessary area suitable for a septic system as required by
the Lake Elmo Zoning Ordinance.
4) That the Variance will be located on property legally described as follows:
Lots 505 Thru 510 and Lots 629 Thru 634, Part of Vacated Beach, Lane's
DeMontreville Country Club, Section 9, Township 29 North, Range 21 West,
City of Lake Elmo, Washington County, Minnesota.
S) That the plight of the landowner is not due to circumstances unique to the
property not created by the landowner. Specific findings: That the applicant's
property was purchased with the knowledge that the lot was not a buildable lot
of record, thereby negating the existence of unique circumstances related to the
lot being platted and acquired before the current zoning regulations were
established.
6) That the proposed variance will alter the essential character of the locality in
which the property in question is located. Specific findings: The degradation of
the water quality caused by additional drainage and erosion on the site and
additional strain on the aquifer caused by an additional private water supply
well will alter the essential character of the locality.
7) That the proposed variance is not consistent with the Comprehensive Plan. The
proposed variance is not consistent with the Comprehensive Plan, as the area is
guided for rural development, and allowing for smaller lots that do not meet the
minimum size requirements of the Rural Single Family zoning district would be
in conflict with the Comprehensive Plan.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicants' application for a Variance is denied.
Passed and duly adopted this 15t'day of October, 2013 by the City Council of the City of
Lake Elmo, Minnesota.
Michael Pearson, Mayor
ATTEST:
Adam Bell, City Clerk
Resolution 2013-082 2
October 10, 2013
To: Lake Elmo City Council
From: Dean and Gayle Dworak
With regard to a question at the October 1 City Council meeting, at least four
homes have been built on Lake Demontreville shoreline lots of less than 0.9 acres
since 1979 since the current ordinance took effect.
They are :
8084 Hill Trail North on 0.51 acres
8181 Hill Trail North on 0.376 acres
8200 Hill Trail North on 0.852 acres
8450 Hidden Bay Trail on 0.715 acres
Having met other requirements as well as these precedents, we respectfully request
approval of the variance for the property 09.029.21.22.0025.
Sincerely,
Dean Dworak Gayle Dworak
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