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ARESOLUTIONAPPROVINGA VARIANCE FROM M17VIMU1 FRONT YARD SETBACK
STANDARDS PVITHIN THE RURAL SINGLE FAAffL Y ZON17VG DISTRICT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Ben Ostarello, 8323 Deer Pond Trail N, Lake Elmo, MN 55042
("Applicanf'), has submitted an application to the City of Lake Elmo (the "City") for a variance
from the minimum front yard setback requirements of the Rural Single Family zoning district.
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 September 25, 2017; and
WHEREAS, the Lake Elmo Planning Corm-nission has submitted its report and
recommendation to the City Council as part of a StaffMemorandum dated September 25, 2017;
and
WHEREAS, the City Council considered said matter at its October 3, 2017 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
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 from the minimum front yard setback requirements of the Rural Single
Family zoning district to allow a front yard setback for a garage of 21 feet 6
inches.
Resolution 2017-103 1
) That the Variance will be located on property legally described as follows: OACE
ACRES 5TH ADD Lot 2 Bloch l Subdivision Cd 37549, PID# K02 .21.34.(}001
5 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. Specift'c findings: The house, ",Itch was built prior to current
zoning standards, is unique in that the house; s sited at an angle, whereas the faces of
garages (? f the surrounding, houses are perpendicular to the street Had Chef ace of the
garage been perpendicular to the street, an addition to the garage could have been
constructed without the need for a variance. It is not proposed that the principal
structure expand in to the front setback only ca portion o, `the attached garage.
6) That the plight of the landowner is clue to circumstances unique to the property not
created by the landowner. Speci findings: The house was constructed prior to
current zoning standards and is sited at an angle, requiring any expansion of'the
existing garage to require ra varitance frorta the minimunt front yard setback
requirements.
7) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. #Spec. 4ic findings:: The proposed variance will allow
can expansion of an existing garage, only <requiring a Trainor alteration to the existing
structure, as apposed to requiring construction of an entirely new garage. One of Awo trees
will require rentoval but the rentaining pine tree provides sortie screening; rorra the garage,
The design and color of the exterior building materials of the addition are similar or
compatible with the existing garage anti principal building.
That the proposed variance will not impair an adequate supply of light and air to properties
adjacent to the property in question or substantially increase the congestion of the public
streets or substantially diminish or impair property varies within the neighborhood.
Specific findings: The proposed variance will ;not impair an adequate supply of light and
air to properties adjacent to the subject property, increase congestion of publicstreets or
substantially diminish or ianpair property+ values within the neighborhood.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant's application for a Variance is granted,
Passed and duly adopted this 31" day of October 2017 by the City Council of the City of Lake
Elmo, Minnesota.
Mike Pearson, Mayor
4AS:nJulivi so
Clerk
Resolution 2017-103 2