HomeMy WebLinkAbout2022-090CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2022-090
A RESOLUTIONAPPROVINGA VARIANCE WITH CONDITIONS TO ALLOW ONE
ACCESS ONTO A PUBLIC STREET WHERE A MINIMUM OF TWO ARE REQUIRED
AT BROOKMAN 3RD ADDITION, LOT 11 BLOCK 1.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Kokoro Volleyball (the "Applicant") has submitted an application to the
City of Lake Elmo (the "City") for a variance to allow one access onto a public street where a
minimum of two are required at the property described as Brookman 3zd Addition, Lot 1, Block 1
(PID# 1302921220011) (the "Property"); 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 August 8, 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 October 4, 2022; and
WHEREAS, the City Council considered said matter at its October 4, 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 applicant proposes to construct an indoor athletic facility on the property. Lake
Elmo City Code requires a minimum of 2 accesses as per Section 105.12.550.
b) The Lake Elmo City Council approved Resolution No. 2022-089, approving a
conditional use permit for an indoor athletic facility on the property.
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:
The applicant is unable to obtain a second access point as required by City Code for an
indoor athletic facility. Access along Lake Elmo Ave N would require Washington
County approval. Washington County will not support an access along Lake Elmo Ave N
due to the existing turn lane and proximity to the intersection of 39th Street North and
Lake Elmo Ave N The applicant explored other alternatives that were denied, such as a
shared access with the existing Day Care Center access to the south. The County would
like to remove the day care access in the future with an alternative access. Washington
County has recommended to not move the proposed Kokoro Volleyball access any closer
to Lake Elmo Ave.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The unique circumstances were not created by the applicant or property owner. The
existing turn lane and intersection were not created by the applicant or property owner.
Nor is the proposed site design prohibiting a second access opportunity.
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 request will not alter the essential character. The proposed single access is to align
directly across from the existing Senior Living Facility. The directly adjacent parcels are
also of a nonresidential use. Adjacent parcels to the south and east also have one access.
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 request should not impair adjacent property values. Traffic numbers will
increase, but these increases will occur during typical low traffic volume times. Hours of
operation are proposed between as 3: 30 pm- 9: 30 pm Monday -Friday and 8am -4pm
Saturday and Sunday.
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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 Kokoro Volleyball for a variance to allow one access where a
minimum of two are required.
Passed and duly adopted this 41h day of October, 2022 by the City Council of the City of Lake
Elmo, Minnesota.
ATTEST:
Julie Jo son, i Clerk
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Mayor Charles Cadenhead
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