HomeMy WebLinkAbout2022-040CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2022-040
A RESOL UTIONAPPROVING THE REQUEST FROM CASSANDRA BANNA FOR A 6-
FOOT SIDE YARD SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 9404
LAKE JANE TRAIL N
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Cassandra Banna (the "Applicant"), owner of the property located at 9404
Lake Jane Trail N — Parcel 10.029.21.24.0014, Lake Elmo, MN 55042 (the "Property") has
submitted an application to the City of Lake Elmo (the "City") for a 6-foot side yard setback
variance; 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 March 28, 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 April 19, 2022; and
WHEREAS, the City Council considered said matter at its April 19, 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
1) That the procedures for obtaining a variance are found in Section 103.00.120 of the Lake
Elmo Zoning Code.
2) That all submission requirements of Section 103.00.120 of the Lake Elmo Zoning Code
have been met by the Applicant.
3) That the proposed variance includes the following components:
a) The variance would decrease the required 10-foot side yard setback (required by
Section 105.12.630 of the Lake Elmo City Code) by 6 feet to facilitate the construction
of a garage addition in front of the existing single-family dwelling.
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:
To follow the existing line of the dwelling and the driveway, the proposed garage will need
to enter the required 10 foot side yard setback. This is because the existing dwelling is
angled farther to the south than the side yard property lines. According to the applicant,
the proposed location of the garage is necessary because it allows for direct access from
the existing home to the proposed garage while maintaining the existing building lines.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The existing home was built at different angle than the side yard properly lines. For this
reason, adding an addition to the front of the house at the same angle as the existing
structure causes it to enter the required 10 foot side yard setback. The currently properly
owners purchased the house is 2019, 43 years after it was constructed.
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 build will not alter the character oj'the house or neighborhood because the
materials used will match the current materials already in the house. The new garage will
not change any sightlines, as the roof lines will be no higher than the existing house. The
proposed garage will not increase the impervious surface percentage as it is being built in
the location of the existing driveway.
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 does not impair adjacent properties. There are no properties within
10 feet of the proposed garage extension. The property adjacent to the requested side yard
setback variance is an easement with a width too small to build a dwelling. The owners of
this property are in support of the variance request. A letter from the property owners is
included as Attachment 7.
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 Cassandra Banna for a 6-foot side yard setback variance for the
property located at 9404 Lake Jane Trail N.
Passed and duly adopted this I91h day of April, 2022 by the City Council of the City of Lake Elmo,
Minnesota.
L
ayor Charles Cadenhead
ATTEST:
J ' Johnso , ty Clerk