HomeMy WebLinkAbout#16 Vue 2641 Legion Avenue Accessory Structure Setback ExcemptionMAYOR AND COUNCIL COMMUNICATION
DATE: 6/21/16
Consent
ITEM #: 16
MOTION
AGENDA ITEM: Vue Exception to allow accessory structure closer to front lot line than principal
structure.
SUBMITTED BY: Stephen Wensman, Planning Director
REVIEWED BY: Kristina Handt, City Administrator
Emily Becker, City Planner
BACKGROUND:
Mae Vue and Jeerasak Poophakumpanart, the owner of a 40 acre parcel at 2675 Legion Avenue, are
requesting an exemption from the requirement that accessory structures be located no closer to the front
lot line than the principal structure. The City of Lake Elmo Code, Section 154.406, D. prohibits accessory
structures from being located closer to the front lot line than the principal structure unless by Resolution
of City Council, an exception is granted. The owners are requesting such an exemption.
This item was pulled from the 5/17/16 Consent Agenda so Staff could provide additional information to
the Council. Staff has again placed this item on the Consent Agenda and is recommending approval.
ISSUE BEFORE COUNCIL:
Approve Resolution 2016-__ to grant an exemption to allow an accessory structures to be located closer to
the front lot line than the principal structure.
PROPOSAL DETAILS/ANALYSIS:
The owners of 2675 Legion Avenue, recently constructed a home on the northwest corner of their property,
more or less on the high point of the property. Access to their property is from a long driveway that extends
over an unbuilt Legion Avenue right of way, to the south of the property. The City Council recently granted
an encroachment to the Legion Avenue right of way for their driveway in order to allow the construction
of the driveway on the Legion Avenue right of way, providing access to the property. Although the property
access is to the south, the front property line is along the Legion Avenue easement on the west side of the
property. This unbuilt Legion Avenue easement is 41.48 foot wide, at present, too narrow to construct a
street without additional right of way from the property to the west. There are no plans to construct an
extension of Legion Avenue, nor are there any public utilities planned for the easement at this time. The
owners would like to locate an accessory structure to the south and west of their home, closer to the front
property line than the principal structure. The new accessory structure would be located 25’ from the Legion
Avenue easement. The home is located 68.4 feet from Legion Avenue easement (the front property line).
This exemption by resolution provision in the City Zoning Code has been approved at least 19 times in the
past according to available records. It is unknown if similar situations were required to use the variance
process.
FISCAL IMPACT:
None
OPTIONS:
To deny or approve.
RECOMMENDATION:
Staff recommends the City Council approve Resolution 2016-__ approving an exemption to allow an
accessory structure closer to the front property line than the principal structure. If this item is removed from
the Consent Agenda, Staff recommends the following motion:
“Move to recommend approval of Resolution 2016-__ approving an exemption to allow an accessory
structure closer to the front property line than the principal structure at 2675 Legion Avenue”.
ATTACHMENT:
Resolution 2016-__
Resolution 2016-43
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2016-43
A RESOLUTION APPROVING AN EXEMPTION FROM CODE SECTION 154.406, D TO
ALLOW AN ACCESSORY STRUCTURE CLOSER TO FRONT PROPERTY LINE THAN
PRINCIPAL STRUCTURE.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, the owners of a residential property at 2675 Legion Avenue, Mae Vue and
Jeerasak Poophakumpanart would like to construct an accessory structure to be located closer to the front
property line than the principal structure; and
WHEREAS, the City of Lake Elmo Code of Ordinances, Section 154.406, D prohibits
accessory structures closer to front property lines than the principal structure unless an
exemption is granted by City Council resolution; and
WHEREAS, the City Council considered the said matter at its May 17, 2016 meeting;
and
NOW, THEREFORE, based on the information received, the City Council makes the
following:
FINDINGS
1.The proposed accessory structure will comply with the City’s accessory structure
ordinances and zoning district regulations, with the exception as approved by this
Resolution.
2. The proposed accessory structure location has been reviewed by the City Staff and
the City Engineer and the location appears to poses no threat, nor impact any City
project or plans.
3. The proposed accessory structure will pose no threat to the health, safety and welfare
of the public.
BE IT RESOLVED THAT the City Council does hereby approve the exemption from the front
property setback, complying with Section 154.406, D of the City of Lake Emo’s Code of
Ordinances.
This resolution was adopted by the City Council of the City of Lake Elmo on this 17th day of
May, 2016.
Resolution 2016-43
_____________________________
Mike Pearson, Mayor
ATTEST:
___________________________
Julie Johnson, City Clerk