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HomeMy WebLinkAbout#15 - 9447 Stillwater Blvd. Variance Request1 STAFF REPORT DATE: 9/17/19 REGULAR MOTION TO: City Council FROM: Ben Prchal, City Planner AGENDA ITEM: Variance Requests for 9447 Stillwater Blvd. REVIEWED BY: Ken Roberts, Planning Director Lake Elmo Planning Commission BACKGROUND: The City has received variance requests from applicant Todd Alguire, for the property located at 9447 Stillwater Blvd. The request is for a variance from the City Code requirement of not allowing an accessory building closer to the front lot line than the principle building as well as the structure height. Staff met with the resident and discussed with them the constraints of the site. The initial location would have required an additional setback variance, one for the front lot line and the second for the setback to the OHWL of Freidrich pond. The applicant then decided it would be best to reposition the building so only the variance form the front lot line would be required. Beyond this the applicant is also seeking a variance for the height of the structure. ISSUE BEFORE THE CITY COUNCIL: The City Council is being asked to review and provide final approval or denial for the requested variances. REVIEW/ANALYSIS: PID 15.029.21.34.0007 Existing Land Use/Zoning: Single-family zone as Rural Single Family. Surrounding Land Use/ Zoning: Single family homes zoned as Rural Single Family. History: There are not substantial records for the property in the City Files. Deadline for Action: Application Complete – 7/27/2019 60 Day Deadline – 9/25/2019 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: • Article V - Zoning Administration and Enforcement • Article XVIII – Shoreland Management Overlay District • Article XI – Rural Districts PROPOSED VARIANCES 2 Variance Requests. The applicant is requesting to build an accessory building closer to the front lot line than the principle structure. The City Code addressing both variance requests are simply outlined in the table below. Accessory structures are limited to 22 ft. or the principle structure, whichever is more restrictive. Similarly accessory structures are required to be setback 30 ft. or the principle structure, whichever is more restrictive. Standard Required Proposed Setback from the Front Property Line. 30 ft. Or The Principle Structure 342.1 ft. Closer to the Front lot line than the home. Structure Height 22 ft. 25 ft. Standards Met. The following table outlines the standards that are met on the property. Standard Required Proposed Allowed Structure Size (6.6 Acres) 2,000 sqft. Or Footprint of the Principle Structure 1,600 sqft. Structure setback from OHWL of Recreational Development (RD) Lake 150 feet (66.5 average) 150.5 feet Drainfield setback from occupied structure 20 feet 25 feet Side yard setback 10 feet 42 feet Front yard setback 30 feet 342.1 feet Rear Yard setback 40 feet 61 feet Reason for Variance Requests The applicant is requesting the variance for the structure to be located closer to the front lot line because of geographic features and the location of the home leaves very limited space to the rear lot line. Furthermore, the applicant is also requesting a variance from the structure height requirement. The applicant would like to build a two story shed. At this point it will not be taller than the principle structure but the code places a second limiting factor, stating that accessory buildings also cannot be taller than 22 ft. which it does not meet. The applicable sections of code will be outlined below. APPLICABLE CODE 154.40 Accessory Structures, Rural Districts: When reviewing the criteria for an accessory structure Staff will go to a few different sections of the City C ode. However, the applicant is only needing a variance for two items, both listed in 154.406. Height: The important point here is that the applicant has designed the shed so that it would not exceed the height of the principle structure. With the home being 29½ ft. in height the accessory structure was designed at 29 ft. in height (The graphic and plans will provide a better visual of the height). However, the code also reads that accessory buildings cannot exceed 22 ft. in height. 154.406 Accessory Structures, Rural Districts.) C. 3 Structure Height, Rural Districts. No accessory building shall exceed twenty-two (22) feet in height or the height of the principal structure, with the exception of agricultural buildings, as defined in §154.213. Building projections or features on accessory structures that are not agricultural buildings, as defined in §154.213, such as chimneys, cupolas, and similar decorations that do not exceed twenty-five (25) feet in height are permitted in rural districts. 154.213 Accessory Buildings and Structures, Generally.) B. Definitions. Agricultural Building. An accessory building means a structure that is on agricultural land as determined by the governing assessor of the City under section 273.13, subdivision 23 and meets all other requirements of State Statute 362B.103. A Minnesota Pollution Control Agency permit may be required. BUILDING HEIGHT. The vertical distance from the average of the highest and lowest point of grade for that portion of the lot covered by building to the highest point of the roof for flat roofs; to the roof deck line of mansard roofs; and to the mean height between eaves and highest ridge for gable, hip, and gambrel roofs. When reviewing accessory building requests Staff uses the “Building Height” definition as the standard for determining the height of structures. The diagram to the right lists out the different measure points that are listed out in the definition. If the height variance is denied for the applicant, there would be the option to seek out Washington County and consult with them on having the property reclassified as outlined in section 154.213. If that were to happen Staff does not see why the applicant would be restricted to a 22 ft. height requirement. At this point Staff does not believe there is an appropriate justification for variance approval to have a structure taller than what is allowed. However, the last sentence in section 154.406 does allow structures to exceed the 22 ft. height requirement with specifically listed items. Staff does believe there would be grounds to leave the upper most window out of the initial height calculation. This is justified by the fact that the window was added to match the design of the home, constituting a “similar decoration.” The Planning Commission also believes the upper roof/window qualifies as a decorative attachment and should not count when determining the height of the building. Doing so lowers the height of the building and puts the applicant in a more favorable position if the variance for the building height is not approved. Setback: 4 As previously noted accessory buildings cannot be located closer to the front property line than the principle structure. Geographic constraints coupled with the location of the home would make construction in the side or rear yard difficult. There is also a shared driveway for the property addressed as 9495 Stillwater Blvd. This driveway is on the east side of the home, placing a structure on the east side of the lot would drastically impede the function of the driveway and would more than likely conflict with side and rear setback requirements. 154.406 Accessory Structures, Rural Districts.) D. Structure Location, Rural Districts. No detached garages or other accessory buildings shall be located nearer the front lot line than the principal building on that lot. AGENCY REVIEW There have not been any comments submitted from other agencies or departments. RECOMMENDED FINDINGS An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “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. 5 FINDINGS: • Variance for Height of Structure: The applicant has attempted to design the structure in a way that would mimic the design of the home. Although the building exceeds the 22 foot height requirement the structure was designed to be visually pleasing by matching the principle structure. Because the resemblance is similar to the principle building the request does appear to be reasonable. • Variance for Accessory Building Setback: The request does appear to be reasonable because any other location meeting the code requirements would not be possible. The 150 setback requirement from the lake would make placement behind the home on the west side impossible and placing 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 hard pressed to locate a building site that would not require a single variance. Because of this Staff believes this criteria is met. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: • Variance for Height of Structure: Staff has had difficulty determining the unique circumstance that would warrant approval of the structures height. The property is not currently used for agricultural purposes, beyond personal enjoyment. Geographically the build site is relatively flat so there is not a conflict when measuring the height of the building. Staff does not believe this criteria is met. • Variance for Accessory Building Setback: 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 150 ft. 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 the shed were located on the east side of the home. Staff believes this criteria is met. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: • Variance for Height of Structure: Although the structure may be measurably taller than some of the neighboring homes, according to the survey the foundation would be about 4 feet lower than the neighboring homes foundation. Though it may be taller it is not perceived that the height will negatively stand out in the local area. Staff believes this criteria is met. • Variance for Accessory Building Setback: Although the structure would be located in front of the home, the uniqueness of the area aids to the proposed building location and it would not change the character of the local area. 6 4) 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 diminish or impair property values within the neighborhood. FINDINGS. • Variance for Height of Structure: The structure would not be of such a height that it would begin to shade neighboring properties or structures, nor would it impair air flow. Furthermore, the height would not cause an increase of traffic or congestion of traffic. • Variance for Accessory Building Setback: The location of the structure would not shade the neighboring properties or structures, nor would it impair air flow. Furthermore, the location would not cause an increase of traffic or congestion of traffic. RECOMMENDED CONDITIONS 1. That the Applicant obtain all applicable permits including but not limited to a City building permit including a grading, erosion control, and storm water management plan approved by the City Engineer. 2. That the Applicant must reduce the height of the 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 1 year and would expire on September 17th 2020 (leap year). 4. One of the other smaller accessory buildings noted on the survey must be removed prior to the issuance of a building permit of the new accessory structure. FISCAL IMPACT: The proposed variance is not expected to have fiscal impact to the City. OPTIONS: The City Council may: • Approve of the proposed variances, subject to recommended findings and conditions of approval. • Amend the recommended findings and conditions and approve the variances, subject to the newly outlined findings and conditions of approval. 7 • Move to deny of all variances, citing findings for denial. RECOMMENDATION: The Planning Commission talked at length about the height of the structure. The discussion focused on citing findings that would be able to support approval for the height of the structure. Although the Commission appeared to be in favor of the height, it was difficult to create a finding that would align with the variance criteria. Inevitably the Commission voted to deny the variance for the height of the accessory structure. The Commission opted to recommend approval of the location by a 6-0 vote and recommended denial for the building height by a 5-1 vote. “Motion to approve the request from Todd Alguire for a variance from the following standard(s): placement of an accessory structure in front yard, closer to the front property line than the principle structure, subject to recommended conditions of approval.” Motion to deny the request from Todd Alguire for a variance from the following standard(s): height of the requested accessory building being more than 22 ft. in height. ATTACHMENTS: 1) Narrative 2) Survey and Building Plans 3) Additional Pictures 4) Resolutions – Approval and Denial 1 Ben Prchal From:WAYNE Goiffon <GOIFFONW@msn.com> Sent:Monday, August 19, 2019 4:07 PM To:Ben Prchal Subject:Response to Ben Prchal Caution: This email originated outside our organization; please use caution. Hello Ben, I received a notice of a public hearing for Monday, August 26, 2019 concerning a variance request on behalf of Todd Alguire at 9447 Stillwater Blvd. N. I will not be able to attend the public hearing but I want to let you know that I do not have issue with Todd's request. Kind regards, Wayne Goiffon 9495 Stillwater Blvd. N. ST I L L W A T E R B L V D . N . ( C . S . A . H . N O . 1 4 ) 31ST S T . N . U N I O N P A C I F I C R A I L R O A D POSSIBLE PRIVATE DRIVEWAY. NO DOCUMENTS PROVIDED. PERMISSION OF USE UNDETERMINED. PARCEL OWNED BY OTHERS FRIEDRICH POND 919.6 919.4 X VERIFY 919.6 APPROXIMATE 913.1 FLOOD ELEVATION PROPOSED 50X32 SHED 42 . 0 ' 342.1' SHARED DRIVEWAY. NO DOCUMENTS PROVIDED. APPROXIMATE MOUND SEPTIC SYSTEM EXISTING DRAINFIELD AREA 150 . 5 ' 1 5 4 . 3 ' 91 6 91 8 FLOOR=920.0 BENCHMARKS ELEVATIONS SHOWN ARE BASED ON GPS DERIVED VALUES FOR NAVD 88 CALL BEFORE YOU DIG! TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002 Gopher State One Call LEGAL DESCRIPTION: 1. BEARINGS ARE BASED ON COORDINATES SUPPLIED BY THE RAMSEY COUNTY SURVEYORS OFFICE. 2. THERE MAY SOME UNDERGROUND UTILITIES, GAS, ELECTRIC, ETC. NOT SHOWN OR LOCATED. 3. CONTOURS SHOWN PER DNR LIDAR DATA OBTAINED FROM THE MNTOPO WEBSITE. NOT FIELD VERIFIED. 4. PROPOSED SEPTIC FROM SKETCH PROVIDED BY THE OWNER. ENVIRONMENTAL DESIGN GROUP DATED MAY 2018. SURVEY NOTES: (AS SHOWN ON CONTRACT FOR DEED DOC. NO. 4042354) The East Four Hundred Thirty and Two Tenths (430.2) feet of the Southeast Quarter of the Southwest Quarter (SE 1/4 of SW 1/4) of section Fifteen (15), in Township Twenty-Nine (29) North, of Range Twenty-one west, Village of Lake Elmo, Washington County, Minnesota, lying south of the Southerly right-of-way of the Chicago, St. Paul & Omaha Railway. excepting therefrom the South Four Hundred Fifty-five and Four-Tenths (455.4) feet thereof. Containing 6.6 acres, more or less. TITLE NOTES: NO TITLE WORK WAS PROVIDED TO US FOR THE PREPARATION OF THIS SURVEY. EASEMENTS AND OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN. LEGEND UNDERGROUND ELECTRIC UNDERGROUND CABLE TV UNDERGROUND FIBER OPTIC UNDERGROUND TELEPHONE OVERHEAD UTILITY UNDERGROUND GAS SANITARY SEWER STORM SEWER WATERMAIN FENCE CURB [TYPICAL] CONTOURS (DNR LIDAR) FOUND MONUMENT 1/2" IP MARKED RLS 15480 SET 1/2" IRON PIPE MARKED RLS NO. 25718 CABLE TV PEDESTAL AIR CONDITIONER ELECTRIC MANHOLE ELECTRIC METER ELECTRIC PEDESTAL ELECTRIC TRANSFORMER LIGHT POLE GUY WIRE POWER POLE GAS MANHOLE GAS METER TELEPHONE MANHOLE TELEPHONE PEDESTAL SANITARY CLEANOUT SANITARY MANHOLE CATCH BASIN STORM DRAIN FLARED END SECTION STORM MANHOLE FIRE DEPT. CONNECTION HYDRANT CURB STOP WATER WELL WATER MANHOLE WATER METER POST INDICATOR VALVE WATER VALVE BOLLARD FLAG POLE MAIL BOX TRAFFIC SIGN UNKNOWN MANHOLE SOIL BORING SPOT ELEVATION TRAFFIC SIGNAL CONIFEROUS TREE DECIDUOUS TREE AREA: TOTAL AREA AS SHOWN = 278,103 SQ. FT. / 6.38 ACRES MORE OF LESS PID#1502921340007 CONTACT: TODD ALGUIRE 9447 STILLWATER BLVD. N. LAKE ELMO, MN 55042110 612-412-6498 ZZ18485 SURVZZ485 CERTIFICATE OF SURVEY COUNTY/CITY: REVISIONS: PROJECT LOCATION: LAND SURVEYING, INC. CORNERSTONE Suite #1 6750 Stillwater Blvd. N. Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dan@ cssurvey .net DATE REVISION PROJECT NO. FILE NAME 9447 STILLWATER BLVD. N. CITY OF LAKE ELMO WASHINGTON COUNTY 4-10-18 INITIAL ISSUE CERTIFICATION: I hereby certify that this plan was prepared by me, or under my direct supervision, and that I am a duly Licensed Land Surveyor under the laws of the state of Minnesota. Daniel L. Thurmes Registration Number: 25718 Date:__________________ 0 NORTH 40 80 BUILDING LINE BITUMINOUS SURFACE CONCRETE SURFACE 4-10-18 925.0 ALGUIRERESIDENCE 930 SET OFFSET HUB PROPOSED ELEVATION PROPOSED CONTOUR PROPOSED DRAINAGE DENOTES EXISTING ELEV. DENOTES SILT FENCE EXISTING CONTOURS HOUSE = 2,869 SHED BY GARAGE = 245 FRONT DECK = 220 REAR DECK = 394 NORTH SHED = 251 LEAN-TO = 146 GRAVEL DRIVEWAY = 3,983 BITUMINOUS DRIVEWAY = 7,073 CONCRETE = 1,333 WALLS = 514 LAKE WALLS & CONC. = 531 TOTAL EXISTING = 17,559 EXISTING IMPROVEMENT AREAS: (IN SQUARE FEET) 7-24-19 PROPOSED SHED 7-30-19 REVISED 8-1-19 SEPTIC flash side to roof-------~'ct-+--------. provide 2x4 blocking between rafters to nail sheathing attach 2x4 rafters to sides offloor·----1-. trusses with (2)8d nails at top plate and at all vert. and cross members hang 2x4 ceiling joists from 2x8 ledger -ledger attached to wall w/ ._,,_...,_ ____ ,_ (l)¼"x6" lag screw@ 16" O.C. (to,--+----+-~ studs) and nail rafters and joists to 2x6 sub fascia pre finished metal fascia and non vented soffit ~'---="""--;1(-----------"--5'---'-4'---"---------;I( T ical Roof Construction: T ical stair construction: wall on roof to be approximately ½ of the way back from front wall -------------.. • 1½" particle board treads -1" nosing • 1 x _ pine risers ( owner option to use hardwood risers and treads) -asphalt shingles -15lb felt underlayment -"ice shield" at all roof edges -½" roof sheathing -roof trusses@ 24" O.C. -1" air chute each truss space j ------use spray foam insulation at truss heels -----truss clips each truss, each side -typical -by truss supplier run exterior sheathing up to air chute for insulation block etal drip edge 7" pre finished metal fascia over 2x6 sub fascia ~---"re fmished vented metal soffit • (4) 2x12 stringers ~ see wall types for wall construction--~'3.i+-__,~ T ical Second Floor Construction: .-------,tt--~1----~.J.J:..:=:.=..:===-=-=--'-=--=--=-=--'---- owner to provide 36" high continuous handrail at one side of stairs 12'-10" open 11 /2x6 blocking for O.H. door :1 / -3 sides see plan for all header and // beam sizes /,;:;/ 4' landing / / // // // // // // // // // // "/ 17 T@ 10"=15'-10" 4" cone. floor slab (w/ optional W.W.M.) w/ 6 mil. poly vapor retarder over 6" gravel base -garage side floor slopes 4" to front wall (dashed) stair framing and floor trusses at stair hung from flush beam -verify beam height needed -¾" T&G plywood sub floor -24" floor trusses@ 16" O.C. -verify -(1) layer½" type "x" fire rated G.B. at garage ceiling '------R-21 spray foam insulation and vapor barrier continuous through floor space -typical llll-----spray foam around all windows, doors and penetrations ..,__----lower level walls are 10' studs with (1) bottom and (2) top plates 2x6 treated sill plate w/ ½" round x 16" anchor bolts @ 36" O.C. on curb block hold grade min. 6" below top of foundation wall B!E------2" (R-10) rigid insulation from footing to top of foundation wall on outside -flash top of insul. to wall under siding ,k l'-8" J @ GARAGE SECTION ¼"=1 '-0" d) z N -.:::I'" bO ,cl 0 ~ (I) lr) 1-4 ..c lr) a -~ ~ ...... 1-4 i::: < (I) d ~ ::E '"O z " '"O 0 ~ 0 ...... s ~ ..... ...... r:/)_ ...... 1-4 ~ d) ~ t-(I) z -.:::I'" ~ -.:::I'" 0\ ...:l °" sheet ......-1 I t- A4 N I t- (I) ~ Q 543597v2 SJS LA515-1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2019-066 A RESOLUTION APPROVING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO BE LOCATED CLOSER TO THE FRONT PROPERTY LINE THAN THE PRINCIPLE STRUCTURE FOR THE PROPERTY LOCATED AT 9447 STILLWATER BLVD. WHEREAS, Todd Alguire (the “Applicant”) of 9447 Stillwater Blvd, Lake Elmo MN 55042 (the “Property”) has submitted an application to the City of Lake Elmo (the “City“) for a variance(s) to allow an accessory building closer to the front lot line than the principle structure and for the accessory building to exceed 22 ft. in height; and WHEREAS, notice has been published , mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said variances on August 26th, 2019; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendations with respect to the requested variances to the City Council as part of the City Staff Memorandum dated September 17th, 2019; and WHEREAS, the City Council considered the variances at its September 17th, 2019 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining a variance are found in the Section 154.109 of the Lake Elmo Zoning Code. 2) That all submission requirement s of Section 154.109 of the Lake Elmo Zoning Code 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; • With respect to the proposed variance for height of the 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. Furthermore, the applicant has attempted to design the structure in a way that would mimic the design of the home. Although the building exceeds the 22 foot height limitation 543597v2 SJS LA515-1 the structure was designed to be visually 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 the proposed 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. The 150 ft. setback requirement from the lake would make placement behind the home on the west side impossible and placing 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 hard 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 circumstances 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 used for agricultural purposes, beyond personal enjoyment. Geographically the build site is relatively flat 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 150 ft. 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 the 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 4 feet 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 of the home, the uniqueness of the area aids to the proposed building location and it would not change the character of the 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 diminish or impair property values within the neighborhood; • With respect to the proposed variance for the height of the structure, the proposed 543597v2 SJS LA515-1 variance will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of the public streets or substantially diminish property values. The structure would not be of such a height that it would begin to shade neighboring properties or structures, nor would it impair air flow. Furthermore, the height of a structure would not cause an increase of traffic or congestion of traffic. • With respect to the proposed variance for the location of the structure, the proposed variance will not impair an adequate supply of light and air to the adjacent property or substantially increase the congestion of 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 air flow. Furthermore, the location would not cause an increase of traffic or congestion of traffic. CONCLUSIONS AND DECISION 1) Based on the above findings, which show that all of the variance criteria for the location of the proposed accessory 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 accessory building. The conditions for approval for variance approval are outlined below: 1. That the Applicant obtain all applicable permits including but not limited to a City building permit including a grading, erosion control, and storm water management plan approved by the City Engineer. 2. That the Applicant must reduce the height of the 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 1 year and would expire on September 17th 2020 (leap year). 4. One of the other smaller accessory buildings noted on the survey must be removed prior to the issuance of a building permit of the new accessory structure. Passed and duly adopted this 1 7 th day of September, 2019 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Mike Pearson ATTEST: ________________________________ Julie Johnson, City Clerk 543597v2 SJS LA515-1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO 2019-067 A RESOLUTION DENYING A VARIANCE TO ALLOW AN ACCESSORY BUILDING TO BE TALLER THAN 22 FEET IN HEIGHT FOR THE PROPERTY LOCATED AT 9447 STILLWATER BLVD. WHEREAS, Todd Alguire (the “Applicant”) of 9447 Stillwater Blvd, Lake Elmo MN 55042 (the “Property”) has submitted an application to the City of Lake Elmo (the “City“) for a variance(s) to allow an accessory building closer to the front lot line than the principle structure and for the accessory building to exceed 22 ft. in height (or the height of the principle structure); and WHEREAS, notice has been published , mailed, and posted pursuant to the Lake Elmo Zoning Code, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said variances on August 26th, 2019; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendations with respect to the requested variances to the City Council as part of the City Staff Memorandum dated September 17th, 2019; and WHEREAS, the City Council considered the variances at its September 17th, 2019 meeting; and NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining a variance are found in the Section 154.109 of the Lake Elmo Zoning Code. 2) That all submission requirement s of Section 154.109 of the Lake Elmo Zoning Code 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) The City Council has approved a variance for the location of the proposed accessory building with Resolution 2019-066. 5) The request for increased height fails to meet the variance criteria for a unique circumstance. The City defines a unique circumstance as the following; Unique Circumstances the plight of the landowner is due to circumstances 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. Staff has had difficulty determining the unique circumstance that would warrant approval of the structures height. The property is not currently used for agricultural purposes, beyond personal enjoyment. 543597v2 SJS LA515-1 Geographically the build site is relatively flat so there is not a conflict when measuring the height of the building. CONCLUSIONS AND DECISION Based on the above findings, which show that all of the variance criteria for the height of the proposed accessory building have not been met. The City Council hereby denies the requested height variance for an accessory building for the property located at 9447 Stillwater Blvd. Passed and duly adopted this 1 7 th day of September, 2019 by the City Council of the City of Lake Elmo, Minnesota. ________________________________ Mayor Mike Pearson ATTEST: ________________________________ Julie Johnson, City Clerk