HomeMy WebLinkAboutItem 10 - Resolution 2014-52 Hammes Shoreland Variance 7-1-14Resolution 2014-52 1
CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2014-52
A RESOLUTION DENYING A VARIANCE TO ALLOW A REDUCED RIPARIAN DEDICATION AND ORDINARY HIGH WATER LEVEL STRUCTURE SETBACK AROUND THE SOUTHERN CHANNEL OF GOOSE LAKE.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Hammes West, LLC, 36 Moonlight Bay, Stillwater, MN, (the “Applicant”)
has submitted an application to the City of Lake Elmo (the “City”) for a variance to allow a
reduced riparian dedication and structure setback from the Ordinary High Water Level of the southern channel of Goose Lake; and 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 June 23, 2014; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated July 1, 2014; and WHEREAS, the City Council considered said matter at its July 1, 2014 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.
3) That the proposed variance includes the following components: a) A variance to allow a reduction from the 150-foot riparian dedication requirement around the southern channel of Goose Lake; and
Resolution 2014-52 2
b) A variance to allow reduced structure setbacks to the Ordinary High Water Level
around the southern channel of Goose Lake for Lots 1-6, Block 10 and Lots 1-5 and 11-12, Block 9 of the Hammes Estates Preliminary Plat. 4) That the Variance will be located on property legally described as follows: South ½ of the
NE ¼, Section 34, Township 29, Range 21, except the East 60 feet of the North 967 feet
and except Parcel 3 of Washington County Right of Way Plat 49-19B, Washington County, Minnesota. PID 34.029.21.13.0001. 5) Required finding for a variance: That the strict enforcement of Zoning Ordinance would
cause practical difficulties and that the property owner proposes to use the property in a
reasonable manner not permitted by an official control. Specific findings: That the
proposed use of additional residential lots within the required riparian dedication area
along the southern channel of Goose Lake does not represent a reasonable use not permitted by an official control.
6) Required finding for a variance: That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: That the
creation of the southern channel of Goose Lake is a circumstance created by the landowner. 7) That the Minnesota Department of Natural Resources (DNR) has recommended denial of the variance. 8) That the applicant is able to achieve an alternate solution to maintain the current
configuration or design of the proposed Preliminary Plat by separating the southern
channel from Goose Lake with fill as recommended by the DNR. CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Variance is denied.
Passed and duly adopted this 1st day of July 2014 by the City Council of the City of Lake Elmo, Minnesota.
__________________________________ Michael Pearson, Mayor ATTEST:
________________________________ Adam Bell, City Clerk