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Home My WebLink About#08 - 1567 Ivory Ave Variance Resolution STAFF REPORT DATE: 08/3/2022 REGULAR TO: City Council FROM: Ben Hetzel, Lake Elmo City Planner AGENDA ITEM: Side Yard Setback Variance Request at 1567 Ivory Ave N REVIEWED BY: Molly Just, Planning Director INTRODUCTION: The variance request is for a side yard setback reduction to 5 feet where a minimum of 15 feet is required to construct a detached garage. The request went before the City Council at the July 19, 2022 meeting. City staff had recommended denial of the request from Al Woolhouse on behalf of Brenda Lecuyer for not meeting all required findings of LEC 105.12.230 and MN Stat. 462.357. City Council ruled in favor of the applicant and directed staff to draft a new resolution of approval citing specific findings to bring forward at the August 3, 2022 City Council meeting. ISSUE BEFORE THE CITY COUNCIL: Does City Council want to approve Resolution 2022-070? VARIANCE REQUEST DETAILS/ANALYSIS: Address: 1567 Ivory Ave N PID: 28.029.21.13.0015 Existing Zoning: Rural Single Family, Open Space PUD, Valley Branch Watershed District Surrounding Zoning: North, South, & East: Open Space PUD West: Public Facilities Deadline for Action: Application Complete – 5/31/2022 60 Day Deadline – 7/31/2022 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: Article V - Zoning Administration and Enforcement Article XVII – Open Space Planned Unit Developments Reason for Request: The applicant proposes to construct a 24-foot by 40-foot detached garage within the required 15-foot side yard setback. The required side yard setback for Open Space PUD zoning is 15-feet or ten percent of the lot area as per Section 105.12.1050(6)b.1.v. REVIEW AND ANALYSIS/DRAFT FINDINGS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 105.12.320 set forth by the MN Stat. 462.357 subd.6 before the City may grant an exception or modification to city code requirements. These criteria are listed 2 below, along with comments from Staff about the applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “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. FINDINGS: Meeting the required 15 foot setback would result in an obstruction in front 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. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: The existing well location was not determined by the current property owners. The well location is prohibiting the property owner from placing the proposed garage in a compliant location where it can be accessed by the existing driveway. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: 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. 4) 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. FINDINGS: The proposed variance does not impair adjacent properties. The proposed addition will not face a public street and is screened from 2 out of 3 adjacent properties by existing 3 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. FISCAL IMPACT: None RECOMMENDED CONDITIONS OF APPROVAL 1. Building materials used 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 variance approval is only for a reduced setback from the south property line. 4. If approved this variance shall expire if the work does not commence within 12 months of the date of granting the variance. OPTIONS: The City Council may:  Approve Resolution 2022-070.  Amend the findings of Resolution 2022-070. RECOMMENDATION: Staff recommends that City Council approve Resolution 2022-070 to allow Al Woolhouse on behalf of Brenda LeCuyer to reduce the side yard setback to 5 feet where a minimum of 15 feet is required at 1567 Ivory Avenue N. “Move to approve Resolution No. 2022-070, approving the request with conditions from Al Woolhouse on behalf of the property owner Brenda LeCuyer for a variance to reduce the side yard setback to 5 feet where a minimum of 15 feet is required at 1567 Ivory Avenue N.” ATTACHMENTS: 1) Resolution 2022-070 2) Application 3) Survey 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA RESOLUTION NO. 2022-077 A RESOLUTION APPROVING THE REQUEST WITH CONDITIONS FROM AL WOOLHOUSE ON BEHALF OF BRENDA LECUYER FOR A VARIANCE TO REDUCE THE SIDE YARD SETBACK TO 5 FEET WHERE A MINIMUM OF 15 FEET IS REQUIRED AT 1567 IVORY AVENUE 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: 2 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 PUD Zoning is 15-feet or ten percent of the lot area as per Section 105.12.1050(6)b.1.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 15 foot setback would result in an obstruction in front 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 owner from 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: 3 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. 1. 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 3rd day of August, 2022 by the City Council of the City of Lake Elmo, Minnesota. ____________________________________ Mayor Charles Cadenhead ATTEST: _______________________________ Julie Johnson, City Clerk