HomeMy WebLinkAbout2022-077CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2022-077
A RESOLUTIONAPPROVING THE REQUEST WITH CONDITIONS FROMAL
WOOLHOUSE ON BEHALF OF BRENDA LECUYER FOR A VARIANCE TO REDUCE
THE SIDE YARD SETBACK TO 5 FEET WHEREA MINIMUM OF 15 FEET IS
REQUIRED AT 15671VOR YA VENUE N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Al Woolhouse (the "Applicant") on behalf of Brenda LeCuyer, owners of
the property located at 1567 Ivory Ave N — Parcel 28.029.21.13.0015, Lake Elmo, MN 55042
(the "Property") have submitted an application to the City of Lake Elmo (the "City") for a
variance request to reduce the side yard setback to 5 feet where a minimum of 15 feet is required;
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 June 13, 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 July 19, 2022; and
WHEREAS, the City Council considered said matter at its July 19, 2022 meeting and
directed City staff to draft a resolution approving the variance with conditions 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 105.12.320 of the Lake
Elmo Zoning Code.
2) That all submission requirements of Section 105.12.320 of the Lake Elmo Zoning Code
have been met by the Applicant.
3) That the proposed variance includes the following components:
a) The applicants propose to construct a 24-foot by 40-foot detached garage within the
required 15-foot side yard setback.
b) The required side yard setback for Open Space PLTD Zoning is 15-feet or ten percent
of the lot area as per Section 105A2.1050(6)b.l.v.
c) The proposed garage would be placed at the end of an existing driveway and abut a 5-
foot drainage and utility easement located along the south property line.
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:
Meeting the required 1 S foot setback would result in an obstruction in f ont of the proposed
garage door due to the existing well location. The applicant is aware that the city water
main is being extended into the neighborhood in the future, which would allow the
applicant to connect to city water and abandoned the well, but also understands that it
would not be required to connect. City Council feels the applicant should have the choice
to connect to city water or remain on a private well. At this point in time, the city water
main has not been extended into the neighborhood and the well location is a practical
difficulty that would prohibit the access of the proposed garage door.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The existing well location was not determined by the current property owners. The well
location is prohibiting the property ownerfrom placing the proposed garage in a compliant
location where it can be accessed by the existing driveway.
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 garage location would not alter the essential character of the surrounding
area. The garage would be located in the rear yard. The structure would be screened from
the neighboring homes to the northeast and southeast by existing trees. The other
neighboring home to the southwest would be approximately 113 feet from the proposed
garage.
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:
K
The proposed variance does not impair adjacent properties. The proposed garage is
screened from 2 out of 3 adjacent properties by existing vegetation. The building location
would also be screened from Ivory Ave due to existing trees at the driveway entrance and
the existing home location. Approval of the variance would not result in increased public
street congestion or diminished property values.
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 from Al Woolhouse on behalf of Brenda LeCuyer for a variance
request to reduce the side yard setback to 5 feet where a minimum of 15 feet is required.
Approval of the request is subject to the following conditions.
l . Building materials must be aesthetically similar to the existing home.
2. All stormwater runoff from the proposed garage shall be contained on the applicant's property.
Stormwater shall not be directed onto adjacent properties.
3. This approval is only for a reduced setback from the south property line.
4. The proposed garage shall not be connected running water.
5. This variance shall expire if the work does not commence within 12 months of the date of
approval.
Passed and duly adopted this 3`a day of August, 2022 by the City Council of the City of Lake Elmo,
Minnesota.
ayor Charles Cadenhead
ATTEST:
INTO, A I
go k1hnsoptFSity Clerk