HomeMy WebLinkAbout2021-090CITY OF LAKE ELMO
WASHINGTON
COUNTY STATE OF
MINNESOTA
RESOLUTION NO 2021— 090
A RESOL UTIONAPPROVING A LOT -WIDTH VARIANCE TO ALLOW THE PROPERTY
IDENTIFIED AS 13.029.21.33.0019 (3100 LAKE ELMO AVENUE), TO BE SUBDIVIDED INTO
TWO LOTS ONE OF WHICH WILL BE SUB -STANDARD IN WIDTH
WHEREAS, Mr. Dale Dorschner (the "Applicant') owner of 13.029.21.33.0019 (3100 Lake
Elmo Avenue.), Lake Elmo MN 55042 (the "Property") has submitted an application to the City of
Lake Elmo (the "City") for a variance to allow the creation of a new lot with the subdivision of the
Property that does not meet the minimum lot width requirement of 125 feet for residential lots in
the Rural Single Family (RS zoning district; 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 July 26, 2021; 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 August 17, 2021; and
WHEREAS, the City Council considered the variance request at its August 17, 2021 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 avariance 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 Code
have been met by the Applicants.
3) That the proposed variance includes the following components:
a) That the lot identified as Parcel B of the survey for the division of the property
identified as 13.029.21.33.0019 measured at 112 feet in width shall be considered as a
buildable lot for the construction of a single family home.
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;
Variance for Lot Width: With respect to the proposed variance for the reduced width of the
proposed lot (Parcel B), strict enforcement of the City's zoning regulations, it will cause practical
difficulties because the applicant is proposing to use the property in a reasonable manner (single
family residences). The request to use the property (Parcel B) for a single family residential
dwelling unit is not an unreasonable request. The desire to have the new lot line parallel to the
existing lot lines instead of an angled property line is preferred and it is believed that the variance
is warranted in this respect. Furthermore, it is expected that strictly following the code to have the
new lot (Parcel B) be 125 feet wide would result in a less desirable outcome than if the City
approves a variance to have the new lot be 112 feet wide with a new lot line parallel to existing
property lines.
5) Unique Circumstances the plight of the landowner is due to circumstances unique to the
property not created by the landowner;
Variance for Lot Width: With respect to the proposed variance for the reduction of the minimum
lot width for proposed Parcel B, the applicant did not create the current size of the property, so the
applicant did not create the problem. Although the lot can be split and divided in away that
would allow both proposed lots to meet the minimum lot size and minimum frontage, such a
configuration would be awkward. The City concedes the circumstance is unique in that the general
objective can be achieved though it would create an unfavorable layout for the new lot line and an
awkward shape for the new lot.
6) Character of Locality the proposed variance will not alter the essential character of the locality
in which the property in question is located;
Variance for Lot Width: With respect to the proposed variance for the reduction of the lot width
for proposed Parcel B, the proposed variance will not alter the essential character of the locality.
A reduced lot size, width, etc. within this area of Lake Elmo is not uncommon and it is very unlikely
that the reduced lot width to 112 feet will change the character of the neighborhood.
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;
• Variance for Lot Width: With respect to the proposed variance for the width ofthe proposed lot
Parcel B 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 proposed reduced front lot width to 112 feet would not lead to the
shading ofthe neighboring -properties or structures, nor would it impair airflow.
MINC�11�yS11►l.YO.1 1 KfYLll,l
1) The City Council hereby approves the requested variance for a reduced lot width of 13
feet for the creation of a new lot that will be 112 feet wide in RS zoning district for the
property identified as 13.029.21.33.0019located at (3100 Lake Elmo Avenue). 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.
2. The applicant update the survey to include accurate impervious surface information.
3. The applicant shall remove a northern section of the tennis court so it will be at least 10 feet
from the side property line.
4. That the applicant provide the City with $3,600 per lot for the satisfaction of park dedication
(Total $3,600)
5. If approved, the variance shall be valid for 1 year and will expire on August 17, 2022 (date set
after Council approval). The applicant must record the deeds creating the new lot (Parcel B)
by August 17, 2022 or the approval will automatically expire.
6. The applicant must provide the City with any drainage and utility or right-of-way easements
that are deemed necessary by the City Engineer.
7. That if approved, the applicant pay the City any required SAC ($5,485 - 2021 Fee) or WAC
($3,000 — 2021 Fee) charges before the City issues a building permit for the new lot (Parcel B).
8. Parcel A shall maintain a minimum lot width of 125 feet.
Passed and duly adopted this 17t' day of August, 2021 by the City Council of the City of Lake
Elmo, Minnesota.
% 1
Mayor Char es Cadenhead
ATTEST:
4ieJ#n,6 Clerk