HomeMy WebLinkAbout2021-091CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2021-091
A RESOLUTIONAPPROVING A 20 FOOT FRONT YARD SETBACK VARIANCE TO ALLOW
THE PLACEMENT OF SINGLE-FAMIL YD WELLING ON PROPOSED PARCEL B OF THE
SUBDIVIDED PROPER TY IDENTIFIED AS 13.029.21.33.0019 (3100 LAKE ELMO AVENUE)
WITHA 30 FOOT FRONT YARD SETBACKINSTEAD OF THE REQUIRED 50 FOOT FRONT
YARD SETBACK
WHEREAS, Mr. Dale Dorschner (the "Applicant"), owner of the parcel identified as PID
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 20 foot front yard setback
variance to allow the placement of a new single family dwelling on a new lot (Parcel B) that will
be created with the subdivision of the Property because said lot will not meet the City's minimum
front yard setback requirement from Lake Elmo Avenue of 50 feet; 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 variance
on July 26, 2021; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendations with respect to the requested variance 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 directed City staff to draft a resolution approving the variance for its consideration;
and
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following findings and conclusions:
FINDINGS
1) That the procedures for obtaining a variance are found in 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 Applicant.
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3) That the proposed variance includes the following components:
a) That the front yard setback for a single-family dwelling on the lot identified as "Parcel
B" on the survey for the subdivision of the Property be 30 feet instead of 50 feet, thus
requiring approval of a 20-foot front yard setback.
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, strict enforcement of the City's zoning requirements
will cause practical difficulties because the Applicant is proposing to use the Property in
a reasonable manner (single family residence). The request to abide by the Rural Single
Family zoning district setback of 30 feet is a reasonable request given that this is the
applicable standard for the Property's zoning district when Shoreland District regulations
do not apply. Furthermore, the Property is located within the vicinity of Lake Elmo. By
putting the building pad for the home closer to Lake Elmo Avenue, it allows for the
stormwater runofffrom the home to drain into Lake Elmo Avenue's storm sewer instead of
into the lake. This is more desirable to maintain the lake's water quality.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The Applicant did not create the current size of the Property, so the Applicant did not
create the problem.
6) Character of Locality the proposed variance will not alter the essential character of the
locality in which the property in question is located:
The proposed variance will not alter the essential character of the locality. Several of the
homes in the neighborhood are set back closer to 30 feet from Lake Elmo Avenue than 50
feet.
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:
The proposed variance will only allow for a single-family home to be constructed on the
Property. The home will not impair an adequate supply of light and air given that it will
be a similar structure to other single-family homes in the area with respect to height and
will not block light or air. It will also not increase the congestion of the public street as it
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will only allow for one additional single-family residence to be constructed. Finally, it will
not impair property values within the neighborhood as the structure will be set back the
same amount as many of the other homes in the neighborhood.
CONCLUSIONS AND DECISION
1) Based on the above findings, the City Council hereby approves the requested variance.
The front yard setback for the single-family dwelling that will be located on Parcel B
of the subdivided Property shall be 30 feet instead of 50 feet. The conditions of
approval of the variance are set forth below:
a) That the Applicant obtain all applicable permits including, but not limited to, a City
building permit for the single-family dwelling.
b) That the variance shall be valid for one year and will expire on September 7, 2022.
The Applicant must obtain the building permit for the single-family home to be
constructed on the Property no later than September 7, 2022, or the variance
approval will automatically expire.
Passed and duly adopted this Th day of September, 2021 by the City Council of the City of Lake
Elmo, Minnesota.
Mayor Charles Cadenhead
ATTEST:
Juli ttso , C' Clerk
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