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HomeMy WebLinkAbout2019-066CITY OF LAKE ELM WASHINGTON COUNTY STATE OF MINNESOTA RE SOLUTION NO 2 1 -066 A RESOLUTION APPROVING A VARIANCE TO L W NACCESSC RY BUILDING TO BE LOCATED CLOSER TO THE FRONTPROPERTYLINE THAN THE PRINCIPLE STRUCTURE FOR THE PROPERTY LC. CATER AT 9447 STILL WATF`R BLVD. WHEREAS, Todd Alguire (the "Applicant") of 9447 Stillwater Blvd, Lake Elmo MN 55042 (the ".Property") has submitted an application to the City of LakeElmo(the "City`) for a v ' nce(s) to allow an accessory building closer to the front lot Brie than the principle structure and for the accessory building to exceed 22 ft. in, height; and WHEREAS, notice has been. published, mailed, and pasted pursuant to the Lake Elmer Zoning Code, Section 154.10 ; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said variances on August 2 ', 201 ; and WHEREAS, the Lake Elmo planning Commission has submitted its report and recommendations with respect to the requested variances to the City Council as cart of the City Staff' Memorandum dated September 1 "7', 201 }; and WHEREAS, the City Council, considered the variances at its September 171, 2019 meeting, and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following. FINDINGS ) That the procedures for obtaining a variance are found in the Section 154. 109 of the Lake Elmo Zoning Code. 2) That all submission requirements of Section 154.109 of the Lake Elmo Zoning Cade have been met by the Applicants, 3) That the proposed variances include the following components a) That the proposed accessory building be located closer to the front property line than the principle structure. b) The height of the accessory building to exceed the maximum allowed accessory building Height of 22 ft. (or the height of the principle building) by 3 ft. 4) Practical Difficulties as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control; Ifith respect to the proposed variancefoa heightgf the structure strict enforcement of the City's zoningCity' regulations ttions will cause practical difficulties and the applicant is proposing to use the property in a reasonable manner. Furthermore, the applicant has attempted to design the structure in a way that would mimic the -- - design of the home. me. Although the building exceeds the 22foot height limitation 543597v2 SJS LA515-1_ the structure was designed to be visual4v pleasing by matching the principle structure. Because the resemblance is similar to the principle building the request does appear to be reasonable. With respect to theproposed variance for the location of structure strict enforcement of the City 's zoning regulations will cause practical difficulties and the applicant is proposing to use the property in a reasonable manner. The request does appear to be reasonable because any other location meeting the code requirements would not be possible. Ibe 150ft. setback requirementfrom the lake would makeplacement behind the home on the west side, impossible andplacing the structure on the east side of the home would interfere with the shared driveway to the home south of the property (9495 Stillwater Blvd.). The applicant would be Bard pressed to locate a building site on the property that would not require a single variance. 5) Unique Circumstances the plight of the landowner is due to circurnstances unique to the property not created by the landowner; With respect to the proposed variance relating to the height of the structure, the plight of the Applicant is not unique and has been caused by the applicant. The City cannot determine the unique circumstance that would warrant approval of the structures height. The property is not currently usedfor agricultural purposes, beyand personal enjoyment, Geographically the build site is relatively flirt so there is not a conflict when measuring the height of the building. The City does not believe this criteria is met and this request is denied through Resolution 2019-067. With respect to the proposed variance for the location of the structure, the plight of the Applicant is unique and has not been caused by the applicant. The current structure was built prior to the current owner so there is no way the applicant would have been able to suggest a different building location for the principle structure to avoid the need for this variance. Beyond limited space in the rear of the home Friedrich Pond requires a 150ft. buffer which is impossible to meet if the structure were to be placed in the rear yard. Furthermore, the structure would severely impede the function of the driveway if building was located on the east side of the home, 6) Character of Locality the proposed variance will not alter the essential character of the locality in which the property in question is located; With respect to the proposed variance for the height of the structure, the proposed variance will not alter the essential character of the locality. Although the structure may be measurably taller than some of the neighboring homes, according to the survey the foundation would be about 4feet lower than the neighboring homes foundation. Though it may be taller, it is not perceived that the height will negatively affect the local area. With respect to the proposed variance for the location of the structure, the proposed variance will not alter the essential character of the locality. Although the structure would be located in front cif the home, the uniqueness of the area aids to the proposed building location and it ivould not change the character ofthe local area. 7) Adjacent Properties and Traffic 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 dirninish or impair property values within the neighborhood; 0 9, ith respect to the proposed variance for the height of the structure, the proposed 543597v2 SJS LAS15-1 variance will not impair an adequate tsupp4y o, f"light and air to the adjacent property or srrlr ecaratr.'crily increase the congestion of the public streets or substantially diminish property values. The structure would not be ofsuch a height that it would begin t shade neighboring r°opera or structures, es, nor would it impair airr fl s4=. Furthermore, the height of a structure would not cause an increase of to q or congestion cif trha fie. With respect to the proposed variance for{ the location of the structure, the proposed variance will not impair an adequate supply of light ht and air to the adjacentproperty or substantially increase the congestion o, f the public .streets or substantially diminish property values. The location of the structure would not shade the neighboring properties or structures, nor* would it impair airflow. Furthermore, the location would not cause an increase of trgf or congestion of traffic: CL INCLUSI!2NS AND DECISION 1 Based can the above findings, which show that all of the variance criteria for the location of the proposed accessary building have been met but have not been met for the requested_ height variance. The City Council hereby approves the requested variance for the location of an accessory building for the property located at 9447 Stillwater Blvd. and also denies the requested height variance for the same accessary building, The conditions for approval for variance approval are outlined below: I. That the Applicant obtain all applicable permits including but not limited to a City building permit' including a grading; erasion control, and storm water management plan approved by the City Engineer. . That the Applicant gust reduce the height ofthe building to 22 ft. unless the property is reclassified to Agricultural. If reclassified, the applicant can increase the structures height to 25 ft. 3. If approved this variance approval is valid for I year and would expire on September 17 ' 2020 Heap year): . One of the other smaller accessary buildings noted can the survey must be removed prior to the issuance of a building permit of the new accessary structure. Passed and duly adopted this 17" day of September, 2019 by the City Council of the City of Lake Elmo, Minnesota; .. o.. w Mayor Mike Pearson A E ^ J*Joson, CU- e 543597v2 SJS LAS 15-1