HomeMy WebLinkAbout2022-019CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2021-019
A RESOLUTIONAMENDING RESOL UTION NO. 2007-033 FOR A MINOR
SUBDIVISION AND LOT WIDTH VARIANCE FOR 3200 LAKE ELMO AVENUE
BYREMOVING CONDITION OF APPROVAL #8 AND ALLOWING A SETBACK
OF 150 FEET FROM THE ORDINARY HIGH WATER LEVEL OF LAKE ELMO
WHEREAS, the City of Lake Elmo is a municipal corporation organized and
existing under the laws of the State of Minnesota; and
WHEREAS, Carolyn and Brett Horttor (the "Applicant') owner of the parcel
identified as PID 13.029.21.33.0042, Lake Elmo, MN 55042 (the "Property") has
submitted an application to the City of Lake Elmo (the "City") for a variance request to
amend Resolution No. 2007-033 approving a minor subdivision and lot width variance
for 3200 Lake Elmo Avenue by removing Condition of Approval #8; and
WHEREAS, notice has been published, mailed, and posted pursuant to the Lake
Elmo Zoning Code, Section 103.00.120; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said
matter on January 24, 2022; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated February 15,
2022; and
WHEREAS, the City Council considered said matter at its February 15, 2022
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
That the procedures for obtaining a variance are found in Section 103.00.120 of
the Lake Elmo Zoning Code.
That all submission requirements of Section 103.00.120 of the Lake Elmo Zoning
Code have been met by the Applicant.
• That the proposed variance includes the following components:
• The proposed single family dwelling would include a four -season porch
structure and deck located 150 feet from the Ordinary High Water Level of
Lake Elmo. The subject property is currently regulated by City of Lake Elmo
in Resolution No. 2007-033. This resolution approved a Minor Subdivision
and Lot Width Variance for 3200 Lake Elmo Avenue on April 17, 2007. At
the time the Parent Parcel was split into two parcels named "F" and "G." As
part of the split, all structures proposed on parcel "F" would have a minimum
setback of 195 feet from OHWL of Lake Elmo. The Lake Elmo Zoning Code
requires a 75-foot rear setback on this property.
• 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:
The proposed structure complies with the minimum setback requirements outlined
in Section 105.04.680 of the Lake Elmo City Code. The Shoreland Standards
ordinance states parcels with connection to city sewer on lakes classified as
recreational development shall have a setback of 75 feet from the OHffT. The
new construction will be connected to city sewer and water. The subject property
has had its septic area filled and will be connected to public utilities so there is no
longer a need for a designated septic area requiring a 195 foot setback.
• Unique Circumstances the plight of the landowner is due to circumstances not
created by the landowner:
The unique shape, topography and location of the lot influence the placement of
the home.
• Character of Locality the proposed variance will not alter the essential character
of the locality in which the property in question is located:
The variance would allow the property owner to use the property in accordance
with uses permitted in the Rural Single Family District without altering the
essential character of the locality. The proposed setback is behind existing
adjacent property structures. Many homes on Lake Elmo are closer to the
shoreland than the proposed 150 feet setback. With the setback reduced to 150
feet, the foremost portion of the proposed sunroom structure would remain farther
from the shoreland than the neighboring adjacent structures. The proposed
variance conforms to the setbacks of structures that exist on both sides of the
proposed addition of the four -season porch and deck.
• Adjacent Properties and Traffic the proposed variance will not impair an
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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 does not substantially diminish or impair adjacent
properties. The proposed minimum setback is farther from the OHWL than that of
adjacent homes. Supporting emails from neighbors are included in Attachment 5.
DECISION
NOW, THEREFORE, BE IT FURTHER RESOLVED, and based upon the
information received and the above Findings, that the City Council of the City of Lake
Elmo hereby approves the request by Carolyn and Brett Horttor for a variance request to
amend Resolution No. 2007-033 approving a minor subdivision and lot width variance
for 3200 Lake Elmo Avenue by removing Condition of Approval #8.
Passed and duly adopted this 1501 day of February, 2022 by the City Council of the City of
Lake Elmo, Minnesota.
v
Mayor Charles Cadenhead
ATTEST:
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