HomeMy WebLinkAbout2018-038i
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A RESOL UTION APPRO IIING A VARJAJVCE TO ALLO I'VING IHE EXP2WSION OF A NON-
COXF ORMING STR UCTUR-E NOT MEETING SIDE YARD SETBACK OF THE CITY
ACCESSORY STURCTURE REQUIREMENISAT 8728 DEMONTREVILLE TRL N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws> of the State of Minnesota; and
WHEREAS, Brooks Moening, 8728 DeMontrevitle Trt N, Lake Elmo MN 55042
(Applicant/Owner), has submitted an application to the City of Lake Elmo (the "City") for
variance to allow the expansion of a non -conforming structure not meeting the minimum side yard setback
requirement for accessory structures. The proposed addition does not encroach l4rdier into the side yard. The
garage will not exceed the maximum allowed size for the property which is 1,200 square feet
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 March 26, 2018; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated March 26, 2018; and
AS, the City Council considered said matter at its April 3, 2018 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 requirement s 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 for the expansion and renovation of a currently existing
accessory structure which does not meet the minimum side yard lot line setback.
4) That the Variance will be located on property legally described as follows:
St BDIVISIONNAME BERGMANN ADD LOT 5 BLOCK 2 SUBDIVISIONCD
37085, 8980 Hudson Boulevard North, Washington County, Minnesota with the
following PID.- 04.02 .21.110017.
5) That the strict entbrcement 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. Specifcfinding: Thepraperty had been platted and built on prior to
tlieestablislimetitqf'theciirrentzoniitg code. Because of this thepareel issignificantly
smaller than others of its kind. Though the garage is currently non -conforming, this
appears to be a reasonable request as everything besides the side yard setback would be
conAlrining to current code.
6) The plight of the landowner is due to circumstances unique to the property not created by the
landowner. Specific Findings: The property was platted prior to current zoning standards
and does not meet the current mininittin lot width requirements, which makes it difflicult to
fit a detached garage on the property meeting required side yard setback requirements. The
existing garage was builiprior to current zoning standards and does not meet Ininimilln
setback requirements, and the Applicant would like to re -build and e.ypand the length OJ'
the evisting garage in the same location.
7) The proposed variance will not alter the essential character of the locality in which the
property in question is located. Specific Findings: Theproperty is wooded oil all sides.
Also there are other residencies in the area which have attached or detached garages with
some lots also having accessory structures. There is a heavy 1voodline on the northern
property edge and the nearest dwelling unit to the north is over 400ft away. Front an
aerial perspective it would not seem reasonable to think anyone couldperceivably notice
that the garage had been rebuilt and espanded off the rear.
_
Based on the foregoing, the Applicant's application for a Variance is granted, subject to the
following conditions.
L That the Applicant obtain all applicable permits including but not limited to a City building
permit including a grading and erosion control, and by the City Engineer,
I The structure complies with section 154,406 Accessory Structures, Rural Districts Sub.
I The exterior building materials, design and color shall be compatible with the principal
4. The garage door height not exceed fourteen (14) feet,
Passed and duly adopted this 3" day of April, 2018 by the City Council of the City of Lake Elmo,
Mayor Mike Pearson
ATT
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