HomeMy WebLinkAbout2017-115 - CopyCITY OF LAKE ELMO
WASHINGTON COUNTY
ST ATE OF MINNESOTA
RESOLUTION 2017-115
A RESOLUTION APPROVING A VARIANCE ALLOWING EXPANSION OF NON-
CONFORMING STRUCTURE WITHIN THE SHORELAND DISTRICT
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Peter and Adrienne Pavek, 8130 Hill Trail N, Lake Elmo, MN 55042
("Applicant"), has submitted an application to the City of Lake Elmo (the "City") for a variance
to allow expansion of a non-conforming structure not meeting the minimum required structure
setback from the Ordinary High Water Level on a lot not meeting minimum lot size 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 Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated September 25, 2017;
and
WHEREAS, the City Council considered said matter at its October 17, 2017 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 expansion of a non-conforming structure not meeting the
minimum required structure setback from the Ordinary High Water Level on a lot
Resolution 2017-1
not meeting minimum lot size requirements of the Rural Single Family zoning
district. The expansion includes an expansion to an existing deck; frost footings to
the northwest comer of the house; an addition to the house to match the current
house width; an entry roof adjacent to an existing deck attached to the garage; a
walkway connecting the garage and house; and a screened porch, as indicated in
the site plan dated 7/24/17.
4) That the Variance will be located on property legally described as follows: LOTS 524
THRU 527& LOTS 612 THRU 615 WARNING: (SUBJ TO RESOLUTION 87-32
CITY OF LAKE ELMO THAT PROHIBITS TRANSFER OF REAL EST ATE IN THE
LANES DEMONTREVILLE PLAT WITH-OUT CITY APPROVAL)
SubdivisionName LANE'S DEMONTREVILLE COUNTRY CLUB Lot 614
SubdivisionCd 37445. PID# 09.029.21.22.0007.
5) That the overall impervious surface of the site as shown on the proposed site plan dated
July 24, 2017 reduces the amount of impervious surface on the property.
6) 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: The size of the lot and the required setbacks
for the septic system and wells create difficulties in determining an area for expansion
of the existing home. A great majority of the proposed addition to the home will be
adding a second story, which does not increase the non-conformity. Only the addition
of a covered walkway, entry roof, and small expansion to match an already existing
width of the house is being proposed within the required setback from the Ordinary
High Water Level
7) That the plight of the landowner is due to circumstances unique to the property not
created by the landowner. Specific findings: The property was platted and the house
was constructed long before current minimum lot size and shore/and standards. The
addition of a garage by a previous landowner about 13 years ago severely limited
options to expand the home elsewhere on the property. The majority of the proposed
addition to the home will be on the second story and will in no way limit secondary
septic drainfield options, as soil borings have determined the proposed locations of the
additions are not suitable for septic area.
8) That the proposed variance will not alter the essential character of the locality in which
the property in question is located. Specific findings: The house is currently smaller than
surrounding homes, and so the expansion of the home will in fact cause the home to
conform closer to the essential character of the locality.
9) 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 values within the neighborhood.
Specific findings: The proposed addition will not encroach further to the required setback
from the Ordinary High Water Level, thus not impairing views of the lake. Surrounding
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homes appear to be larger than the subject property, and so supply of air and light will not
be affected with the addition.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant's application for a Variance is granted, subject to the
following conditions.
1) That the applicant remove the existing gravel driveway and re-sod the area as shown on the
proposed site plan.
2) That the maximum allowable impervious surface coverage on the property shall not exceed
the proposed 25%.
3) That the Applicant obtain all applicable and required pe1mits.
Passed and duly adopted this 17th day of October 2017 by the City Council of the City of Lake
Elmo, Minnesota.
Resolution 2017-3