HomeMy WebLinkAbout#16 - 4708 Larkspur Lane VarianceSTAFF REPORT
DATE: 06/20/2023
REGULAR
MOTION TO: City Council FROM: Sophia Jensen, City Planner AGENDA ITEM: Impervious Surface Variance Request - 4708 Larkspur Lane N
INTRODUCTION:
Bob Appert (Applicant) submitted an application for a shoreland impervious surface coverage variance for the property located at 4708 Larkspur Lane North (Subject Property). The applicant is looking to purchase the property from the developer, Robert Engstrom Companies, and construct a new single-family home on the existing lot within the Fields of St Croix subdivision
adjacent to Goetschel’s Pond. The original Goetschel’s farmstead is located on this lot and the
adjacent HOA owned lot. This lot has 4 existing agricultural buildings and existing HOA and neighbor encroachments. The applicant is proposing to remove the largest structure to make room for the home but is dedicated to preserving the existing features. The maximum impervious surface coverage for an unsewered lot in a Shoreland District is 15% (Table 17-3). To achieve
the preservation of the farm structures, accommodate the existing encroachments, and build a single family home the applicant is asking the City Council for a 3.8% variance to 18.8% impervious surface. ISSUE BEFORE CITY COUNCIL: The City Council is being asked to make a determination of the variance request. VARIANCE REQUEST DETAILS/ANALYSIS: Address: 4708 Larkspur Lane North
PID: Variance Request: 12.029.21.14.0009 The applicant is seeking deviations from LEC 105.12.1260 Table 17-3 which allows unsewered lots a maximum impervious surface coverage of 15%
Existing Zoning: Open Space PUD, Shoreland Overlay District, Valley Branch Watershed District Surrounding Zoning: North: Open Space PUD South: Open Space PUD
East: Open Space PUD
West: Goetschel’s Pond
Deadline for Action: Application Complete – 5/12/2023 60 Day Deadline – 7/11/2023 Applicable Regulations: Article V - Zoning Administration and Enforcement
Article XVII – Open Space Planned Unit Developments
Article XIX – Shoreland Overlay District 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 before the City may grant an exception or
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modification to city code requirements. These criteria are listed 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: The applicant is proposing to construct a single family home on a platted lot. The proposed house would only add up to 11% impervious surface but due to the existing farm buildings and neighbor/HOA encroachments the property is pushed over the maximum
impervious surface allowance of the Shoreland Overlay District.
2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: The property is a part of the original Goetschels farmstead. The applicant is
not responsible for the existing encroachments or farm buildings that are currently on the
property but has the intent to preserve these improvements. The applicant has made efforts to avoid the variance process to no avail.
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 construction of a single family home and preservation of the existing farm buildings would not alter the essential character of the neighborhood. The removal of the
existing farm buildings would negatively alter the essential character given the
neighborhood was built around this farmstead.
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 single family home meets all required setbacks and would be spaced adequately from adjacent residences. The addition of a single family home would not
significantly increase congestion on the public street or impair property values.
CITY AGENCY REVIEW: This request was distributed to several departments and agencies for review on May 15th 2023. The following departments provided comments on the variance request.
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• Fire Department Email (5/16/2023) provided comments regarding the address numbers of the new house. A condition regarding address numbers has been added based on this commentary.
• City Engineer Email (5/25/2023) did not have comments on the impervious surface request.
• MN DNR Email (5/24/2023) provided comments regarding mitigation and stormwater
best management practices. A condition regarding stormwater runoff has been added based on this commentary.
• Valley Branch Watershed District (5/24/2023) provided comments that due to the amount
of impervious surface being added a VBWD permit would be required. A condition
regarding the watershed permit has been added based on this commentary. PUBLIC COMMENT: A hearing notice was sent to surrounding properties on May 26th 2023. A hearing notice was
published in the local newspaper on June 2nd 2023. Public comment is as follows:
Dawn and Bill Mohr – 4748 Larkspur Lane – provided comments to staff that they were concerned with the sale of the land and what would be built if the variance is approved.
Kjersti Moline – 4698 Larkspur Lane – spoke in support of the project and welcomed Mr. Appert as a returning neighbor. PLANNING COMMISSION RECCOMENDATION: The Planning Commission recommended approval at their June 12th Planning Commission
meeting. Vote 7-0.
FISCAL IMPACT: None RECOMMENDED CONDITIONS OF APPROVAL 1. The applicant must obtain all other necessary City, State, and other governing body permits and approvals prior to construction.
2. Building address numbers shall be plainly visible from the street fronting the property and shall contrasting color from the background.
3. All stormwater runoff from the site shall be contained on the applicant’s property. Stormwater shall not be directed onto adjacent properties or to Goetschels Pond. 4. This variance approval is only for increased impervious surface coverage to 18.8%. 5. If approved, this variance shall expire if work does not commence within 12 months of the date of granting the variance.
OPTIONS: The City Council may:
• Approve the variance;
• Approve the variance with conditions;
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•Deny the variance, citing recommended findings of fact for denial.
RECOMMENDATION: Staff recommends that the City Council approve the request with conditions.
“Motion to approve the variance request from Bob Appert to allow an impervious surface coverage of 18.8% at 4708 Larkspur Lane North with the conditions listed in the staff report.”
ATTACHMENTS: 1)Location Map
2)Land Use Application3)Written Statement4)Certificate of Survey5)Existing Conditions Site Photos6)Fire Department Email
5/16/20237)City Engineer Email 5/25/20238)MN DNR Email 5/24/20239)VBWD Email 5/24/202310)Public Comment
11)Resolution 2023 - 63
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The City of Lake Elmo
3900 Laverne Avenue North
Lake Elmo, MN 55042
To Whom It May Concern:
As property owners of 4708 Larkspur Lane, Lake Elmo MN, we are submitting a Variance
Application to assist with the permitting process for a new construction project. During the plan
development process, it was determined that we will exceed the impervious surface allotment.
With the Variance Application and supplemental documentation, we want to highlight the
reasons why we are over our allotment of impervious surface and show our considerations to
date
Please reach out to the following team members with any questions during your review:
Home Owners:
Bob and Joelle Appert
612.490.5963 bappert@redstonebuilders.net
General Contractor:
Redstone Builders, LLC
Bob Appert
bappert@redstonebuilders.net
612.490.5963
Surveyor:
Cornerstone Surveying
Dan Thurmes
dan@cssurvey.net
651.275.8969
Thank you for your consideration,
Bob & Joelle Appert
Variance Application Responses – Written Statement
Documents
Variance Application (see attached)
Survey (see attached)
House Plans (see attached)
Detailed Reason for Request: The reason for the Variance Request is to complete the
permitting process for the new construction home located at 4708 Larkspur Lane. The existing
conditions of the lot are creating an overage of our allotted impervious surface area. The lot has
three nonconforming historic farmstead out buildings we are committed to preserving in an effort
to maintain the historical farmstead setting in partnership with The Fields of St. Croix Home
Owners Association (HOA) controls.
Variance Requests: The practical difficulty to reduce impervious surface area is that we need
to keep three historic out buildings in place. Our lot is contiguous to the beautifully restored
historical Goetschel Barn, currently owned and operated by the HOA. The three out buildings in
question are the original Milk House, the original Chicken Coup and the original Horse Stable.
These three structures complement the restored HOA Barn/Event Center and create an
historical farmstead experience that is extremely important to our HOA, to our Seller Robert
Engstrom Companies and to us.
Our hope is to build a very modest and reasonable home very much in kind with neighborhood
next to the HOA’s coveted Event Center with minimal aesthetic impact to the HOA’s Common
Areas.
Itemized Written Application Responses
A) All Current Property Owners
a. Robert Engstrom Companies
B) Site Data
a. Legal Description
i. The Fields of St. Croix Lot 14, Block 1
b. Property Identification Number
i. 12.029.21.14.0009
c. Parcel Size
i. 1.33 Acres (57,789 Square Feet)
d. Existing Use of Land
i. Residential Home
e. Current Zoning
i. Residential
C) Provisions of the City of Lake Elmo Code for which we seek a Variance
a. Lake Elmo City Code Section 105.12.1260 Shoreland Management Overlay
District b. Table 17-3 Shore Land Standards
c. Maximum Impervious Surface – Unsewered
D) Written description of the proposal and how it varies from the applicable
provisions of Lake Elmo Code
a. The recent survey of the property shows total lot square footage of 57,789
square feet
b. 15% of 57,789 = 8668 allowable square feet of impervious surface (15%)
c. Total impervious surface associated with proposed new home = 6422 (11%)
d. Total impervious surface associated with the three existing nonconforming out
buildings = 2130
e. Total impervious surface areas associated with neighbor’s driveway and HOA’s
amenities = 2285
f. In summary, total impervious surface requested for proposed new home (6422),
total impervious surface for existing buildings (2130) and total impervious
surface for the neighbors’ areas (2285) equals a grand total of 10,837 (18.8%)
g. We are seeking a Variance of 3.8% (or 2169 square feet)
E) Narrative regarding any pre-application discussions with Staff and an explanation
of how the issue was addressed leading up to the application for a variance
a. We don’t take the Variance Process lightly - for us it was a last resort.
b. We worked with Staff (Sophia) to consider…
i. Lot Line Adjustments to reduce impervious surface areas other than the
historic out buildings
1. The calculations don’t work because lot lines need to be “straight
and minimal in nature,” creating a situation where we had to carve
off way too much pervious surface, outweighing the benefit of
reduced impervious surface areas
ii. Easements around neighbors’ impervious surface areas other than the
historic out buildings
1. An easement would not reduce the impervious surface burden,
which rides with the land/lot on which it resides
iii. Doing driveway runners combined with a lot line adjustment for the
neighbor’s driveway
1. The city does not credit the grass areas between the driveway
runners as pervious, so this option was not an option.
iv. Reducing the scope and scale of the New Home Construction project
1. The original main floor started at 2600 square feet and over the
last few months we’ve reduced the footprint to 2250 square feet
2. As a result, we need to create finished space in the attic trusses
for a 4th bedroom because we could no longer fit a second
bedroom on the main level
v. Requested a change in classification from “unsewered” to “sewered”
1. This in a non-starter – the classification will change once Fields of
St. Croix is connected to the City Sewer Infrastructure.
F) Explain why the strict enforcement of this chapter would cause practical
difficulties because of circumstances unique to the individual property under
consideration
i. Our unique circumstances of the historical out buildings combined with
the neighbors encroaching impervious surfaces will put us into a situation
where we will need to consider the removal of existing impervious surface
areas – we consider this option a significant practical difficulty.
G) Explain why the plight of the landowner is due to circumstances unique to the
property and not created by the homeowner
i. We think it’s important to understand that having 6442 square feet of
impervious surface on a 1.33-acre lot is very reasonable and conservative
(11% impervious surface).
ii. We have three existing historical out buildings that we are trying to
preserve for the overall good and beautification of the entire development
– something for everyone to enjoy including the guests who attend the
events
iii. We are good neighbors and have no interest in removing impervious
surfaces that have crept onto our lot over the years
1. It’s our intent to at some point do lot line adjustments and
easements, giving these areas back to our neighbors into
perpetuity
iv. If this were a normal situation without the historical out buildings and the
neighbors’ impervious surface areas, we would be at 11% imperious
surface, well under the 15% max
H) Justify why the granting of the variance would not alter the essential character of
the neighborhood
i. Approval of the variance will help to preserve the essential character of
the neighborhood by allowing us to keep the historical farmstead intact
I) Adjacent Properties and Traffic
i. The proposed Variance will not impair an adequate supply of light and
air to adjacent properties, it will not substantially increase congestion
of public streets or substantially increase traffic within the
neighborhood
ΔLARKSPUR LN
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X15.0'30'30'16.3'31.7'CALL BEFORE YOU DIG!TWIN CITY AREA:TOLL FREE:1-800-252-1166651-454-0002Gopher State One CallLEGAL DESCRIPTION:SURVEY NOTES:(AS SHOWN ON AVAILABLE TAX RECORDS)Lot 14, Block 1, THE FIELDS OF ST.. CROIX, WashingtonCounty, Minnesota.TITLE NOTES:NO TITLE OPINION OR TITLE COMMITMENT WAS PROVIDED THATWOULD SHOWN EASEMENTS OR ENCUMBRANCES OR RECORD.EASEMENT MAY EXIST THAT ARE NOT SHOWN.1.DRAINAGE AND UTILITY EASEMENTS AS SHOWN ON THERECORD PLAT.2.SUBJECT TO DECLARATION PER COMMON INTERESTCOMMUNITY NO. 109, DOCUMENT NO. 943143.AREA:TOTAL AREA AS SHOWN = 57,789 SQ.FT.PROPOSED BUILDING ELEVATIONS:TOP OF BLOCK = 945.7 (9' POURED)GARAGE FLOOR= 945.3BASEMENT FLOOR =937.0LOWEST ALLOWABLE FLOOR ELEVATION = 925.35(OHW) + 3 = 928.35THE ABOVE ELEVATIONS WERE DETERMINED BY THE CONTRACTOR.925.01ROCK CONSTRUCTION ENTRANCENO SCALE2NO SCALESILT FENCE930SET OFFSET HUBPROPOSED ELEVATIONPROPOSED CONTOURPROPOSED DRAINAGEDENOTES EXISTING ELEV.DENOTES SILT FENCEEXISTING CONTOURS1.BEARINGS ARE BASED ON THE RECORDED PLAT OT THEFIELDS OF ST. CROIX.2.UNDERGROUND UTILITIES NOT SHOWN3.CONTOURS BELOW THE "BLUFF" LINE AND OUTSIDE OFTHE LOT BOUNDARIES SHOWN PER LIDAR DATA OBTAINEDFROM THE DNR MNTOPO WEBSITE. NOT FIELD VERIFIED.X1025.0XPID#1202921140009CONTACT:Bob AppertRedstone Builders - Co-Owner3432 Denmark Avenue - Suite440Eagan, MN 55123Cell - 612-490-5963Office - 651-454-4297www.redstonebuilders.netRED22002SURVRED02CERTIFICATE OFSURVEYCOUNTY/CITY:REVISIONS:PROJECT LOCATION:LAND SURVEYING, INC.CORNERSTONESuite #2001970 Northwestern Ave.Stillwater, MN 55082Phone 651.275.8969dan@cssurvey.netDATEREVISIONPROJECT NO.FILE NAME4708LARKSPUR LN. N.CITY OF LAKE ELMOWASHINGTONCOUNTY11-4-22PRELIMINARY ISSUECERTIFICATION:I hereby certify that this plan was prepared byme, or under my direct supervision, and that I ama duly Licensed Land Surveyor under the laws ofthe state of Minnesota.Daniel L. Thurmes Registration Number: 25718Date:__________________11-4-22PRELIM
INARYLEGEND:UNDERGROUND ELECTRICUNDERGROUND CABLE TVUNDERGROUND FIBER OPTICUNDERGROUND TELEPHONEOVERHEAD UTILITYUNDERGROUND GASSANITARY SEWERSTORM SEWERWATERMAINFENCECURB [TYPICAL]CONCRETE SURFACEBITUMINOUS SURFACEFOUND MONUMENTSET 1/2" IRON PIPEMARKED RLS NO. 25718CABLE TV PEDESTALAIR CONDITIONERELECTRIC MANHOLEELECTRIC METERELECTRIC PEDESTALELECTRIC TRANSFORMERLIGHT POLEGUY WIREPOWER POLEGAS MANHOLEGAS METERTELEPHONE MANHOLETELEPHONE PEDESTALSANITARY CLEANOUTSANITARY MANHOLECATCH BASINSTORM DRAINFLARED END SECTIONSTORM MANHOLEFIRE DEPT. CONNECTIONHYDRANTCURB STOPWATER WELLWATER MANHOLEWATER METERPOST INDICATOR VALVEWATER VALVEBOLLARDFLAG POLEMAIL BOXTRAFFIC SIGNUNKNOWN MANHOLESOIL BORINGTRAFFIC SIGNALCONIFEROUS TREEDECIDUOUS TREE0NORTH2040BUILDING #1 =323DECKS =135BUILDING #2 =1957BUILDING #3 =456BUILDING #4 =1162GAZEBO=75DECKS =54DRIVEWAY =1622PATH =222STEPS =288PATIO = 78TOTAL IMPROVEMENTS =6,372 SQ.FT.11.0% (% OF LOT AREA)EXISTING IMPROVEMENT AREAS:(IN SQUARE FEET)EXISTING TO REMAINBUILDING #1 =323DECKS =135BUILDING #3 =456BUILDING #4 =1162GAZEBO=75DECKS =54DRIVEWAY =1622PATH =222STEPS =288PATIO = 78TOTAL = 4415PROPOSED IMPROVEMENTSHOUSE = 3038PORCH = 350ENTRANCE = 72CONCRETE = 67WINDOW WELLS = 30DRIVEWAY = 2865TOTAL = 6422TOTAL IMPROVEMENTS =10,837 SQ.FT.18.8% (% OF LOT AREA)PROPOSED IMPROVEMENT AREAS:(IN SQUARE FEET)
1
Sophia Jensen
From:Dustin Kalis
Sent:Tuesday, May 16, 2023 8:52 AM
To:Sophia Jensen
Cc:Anthony Svoboda
Subject:RE: Lake Elmo Land Use Review - May 2nd Batch
Fire Department comments:
1) Building address numbers shall be plainly visible from the street fronting the property and shall contrasting
color from the background. Addresses may be required to be posted adjacent to driveways or other access
ways.
Dustin Kalis | Fire Chief
Lake Elmo Fire Department
From: Sophia Jensen
Sent: Monday, May 15, 2023 9:41 AM
To: Dustin Kalis <DKalis@lakeelmo.org>; Jack Griffin <Jack.Griffin@focusengineeringinc.com>; 'John P. Hanson'
<JHanson@barr.com>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Cc: Jenni Faulkner <jenni.faulkner@bolton‐menk.com>
Subject: Lake Elmo Land Use Review ‐ May 2nd Batch
You are being asked to review the following application as a stakeholder in the area of a pending land use
application. Please see link below.
4708 Larkspur Variance: PID 12.029.21.14.0009 . Bob Appert has submitted a variance application to request
deviations from LEC 105.12.1260 Table 17‐3 which allows unsewered lots a maximum impervious surface
coverage of 15%. To achieve the preservation of the old Goetschel’s farm agriculture structures,
accommodate the existing encroachments, and build a new single family home the applicant is asking for a
variance. Zoning: Open Space Planned Unit Development (OP‐PUD) Reviewers: City Engineer, Fire
Department, MN DNR, VBWD. Please have feedback to Sophia Jensen by Thursday May 25th
2023. https://drive.google.com/drive/folders/1Fd9klfcqHGDW2vwV32TiSR8wdC_cvKhv?usp=share_link
Thank you,
Sophia Jensen
City Planner
City of Lake Elmo
651‐747‐3911
1
Sophia Jensen
From:Jack Griffin <Jack.Griffin@focusengineeringinc.com>
Sent:Thursday, May 25, 2023 11:01 AM
To:Sophia Jensen
Subject:Re: 4708 Larkspur Variance
Caution: This email originated outside our organization; please use caution.
Sophia,
I did not have any other comments on this. If there is something specific you need me to review, please let me
know.
Thanks ~Jack
John (Jack) W. Griffin, P.E.
Principal / Sr. Municipal Engineer
FOCUS ENGINEERING, INC.
651.300.4264
jack.griffin@focusengineeringinc.com
1
Sophia Jensen
From:Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Sent:Wednesday, May 24, 2023 12:31 PM
To:Sophia Jensen
Subject:RE: Lake Elmo Land Use Review - May 2nd Batch
Attachments:shoreland_variance_guidance_isc_rev_10_10_12.pdf
Caution: This email originated outside our organization; please use caution.
Hello Sophia,
4708 Larkspur Variance: If the City determines that the findings support granting the variance in accordance
with the statutory criteria in Minn. Statutes 462.357, Subd. 6, impacts from increased impervious surface to
Goetchel’s Pond and the watershed should be considered in developing appropriate conditions to mitigate
them. State law requires that conditions be directly related and roughly proportional to the impacts created
by the variance. The attached guidance on impervious surface variances in DNR’s Shoreland & Floodplain
Variance Guidance Series provides example conditions for the City’s consideration, including directing rain
gutter discharges away from Goetchel’s Pond and into an infiltration basin or other stormwater Best
Management Practice (BMP).
Best Regards,
Dan Scollan
East Metro Area Hydrologist – Ramsey and Washington Counties
Division of Ecological and Water Resources
Minnesota Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Phone: 651‐259‐5732
Fax: 651‐772‐7977
Email: daniel.scollan@state.mn.us
mndnr.gov
From: Sophia Jensen <SJensen@lakeelmo.org>
Sent: Monday, May 15, 2023 9:41 AM
To: Dustin Kalis <DKalis@lakeelmo.org>; Jack Griffin <Jack.Griffin@focusengineeringinc.com>; 'John P. Hanson'
<JHanson@barr.com>; Scollan, Daniel (DNR) <daniel.scollan@state.mn.us>
Cc: Jenni Faulkner <jenni.faulkner@bolton‐menk.com>
Subject: Lake Elmo Land Use Review ‐ May 2nd Batch
2
You are being asked to review the following application as a stakeholder in the area of a pending land use
application. Please see link below.
4708 Larkspur Variance: PID 12.029.21.14.0009 . Bob Appert has submitted a variance application to request
deviations from LEC 105.12.1260 Table 17‐3 which allows unsewered lots a maximum impervious surface
coverage of 15%. To achieve the preservation of the old Goetschel’s farm agriculture structures,
accommodate the existing encroachments, and build a new single family home the applicant is asking for a
variance. Zoning: Open Space Planned Unit Development (OP‐PUD) Reviewers: City Engineer, Fire
Department, MN DNR, VBWD. Please have feedback to Sophia Jensen by Thursday May 25th
2023. https://drive.google.com/drive/folders/1Fd9klfcqHGDW2vwV32TiSR8wdC_cvKhv?usp=share_link
Thank you,
Sophia Jensen
City Planner
City of Lake Elmo
651‐747‐3911
This message may be from an external email source.
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Page 1 of 2 Variance Guidance Series – ISC, Updated 10/10/2012
Shoreland & Floodplain
Variance Guidance Series
This is one of a series of examples developed as guidance for considering variance requests along
lakes and rivers. Consult your local shoreland and floodplain ordinances.
Why are impervious surface coverage limits important?
In the protection of water quality, the management of rainwater on individual lots is one of our most
important tasks. Rainwater that does not infiltrate into the ground or evaporate runs downhill to lakes,
wetlands, or rivers. As impervious surface coverage increases, the
rate and amount of runoff and pollutants entering public waters
increases. When runoff from impervious surface coverage is not
addressed, pollution increases and the diversity of aquatic life is
reduced. Local governments have limited discretion to deviate
from - or grant a variance to - impervious surface limits. They may
do so only if all of the variance criteria established in state statutes
and their local ordinances are met. In evaluating such requests,
local governments must examine the facts, determine whether all
statutory and local criteria are satisfied, and develop findings to
support the decision. If granted, local governments may impose
conditions to protect resources. An example impervious surface
variance request, with considerations, is provided below.
Example Impervious Surface Variance Request
A property owner wishes to build a large lakehome on a conforming lot.
The lake lot includes a private driveway with a spur to the neighbor’s lot,
which was placed to avoid an adjacent wetland. The building plans for
the new construction plus the existing private road spur to the
neighbor’s property would exceed the impervious surface limit provision
in the local ordinance.
Considerations for Findings
A good record and findings help keep communities out of lawsuits and help them prevail if they find
themselves in one. In evaluating the facts and developing findings for this variance request, all of the
following statutory criteria must be satisfied, in addition to any local criteria:
Is the variance in harmony with the purposes and intent of the ordinance?
Considering a variance request is a balancing test that requires weighing the need of an individual
property owner against the purposes of the shoreland regulations for protecting the public interest.
These purposes are derived from Minnesota Shoreland Rules, which established impervious surface
caps to prevent excessive runoff from constructed surfaces. Such excessive runoff causes erosion,
transport of pollutants to public waters thereby degrading water quality. Considerations: Will
deviating from the required limit on this property undermine the purposes and intent of the
ordinance? Why or why not? Is it possible to mitigate the consequences of additional impervious
surface on-site such that additional runoff will not be produced? Would this mitigation be in harmony
with the purposes and intent of the ordinance? Why or why not?
Is the variance consistent with the comprehensive plan?
The local comprehensive plan establishes a framework for achieving a community’s vision for the
future. Most plans contain goals and policies for protecting natural resources and shorelands, as well
as maps that identify areas of high risk or with high ecological value where development should be
avoided. The variance request must be considered with these goals and policies in mind. Maps should
be consulted to determine if the property is within any areas identified for protection. Considerations:
Which goals and policies apply? Is allowing additional impervious surface and runoff consistent with
these goals and policies? Why or why not?
Impervious Surfaces
Page 2 of 2 Variance Guidance Series – ISC, Updated 10/10/2012
Are there unique circumstances to the property not created by the landowner?
Unique circumstances relate to physical characteristics of the land - such as lot dimensions, steep
slopes, poor soils, wetlands, and trees. These do not include physical limitations or personal
circumstances created by the property owner that prevent compliance with the impervious surface
provision, such as size of home or design preferences. Consider what distinguishes this property from
other shoreland properties to justify why the applicant should be able to deviate from the provision
when others must comply. Considerations: What physical characteristics are unique to this property
that prevent compliance with the requirement? Were any difficulties in meeting the impervious
surface limit created by some action of the applicant? Has the applicant demonstrated no other
feasible alternatives exist that would not require a variance, such as increasing the setback to reduce
driveway length or reducing the lakehome’s footprint?
Will the variance, if granted, alter the essential character of the locality?
Consider the size of the proposed structure, the extent of encroachment, and how it relates to the
shoreline and hydrology of the riparian area. A large addition located close to the shoreline can
detract from the natural appearance and character of the lake and its riparian areas and degrade water
quality by altering topography, drainage, and vegetation in the riparian area, negatively affecting
recreational, natural, and economic values. Considerations: Does the variance provide minimal relief
or a substantial deviation from the required setback? Does it affect the natural appearance of the
shore from the lake? Does it affect the hydrology of the riparian area?
Does the proposal put property to use in a reasonable manner?
Examine the reasons that the variance is requested and evaluate them in light of the purposes of the
local shoreland ordinance and the public water resource at stake. Since the impervious surface cap is
generally intended to reduce runoff to public waters, it may not be appropriate to allow large areas of
constructed surfaces so close to the water. Considerations: Has the applicant demonstrated that the
proposed construction is reasonable in this location given the sensitive nature of the area and the
purposes of the regulations? Why or why not?
Note: The last three criteria address practical difficulties. Economic considerations alone cannot create practical difficulties
Range of Outcomes
Based on the findings, several outcomes can occur:
If the applicant fails to prove that all criteria above are met, then the variance must be denied. For example,
the local government could find that the building plans itself created the circumstances necessary for a
variance rather than the any unique physical characteristics of the property.
If the applicant demonstrates that all criteria are met, then the variance may be granted. For example, the
local government could find that the construction footprint is reasonable, the circumstances are unique given
the adjacent wetland, and the minor deviation in the impervious surface coverage does not alter the
hydrology of the area (as determined through runoff calculations).
If the variance is granted and the impervious surface in any way alters the hydrology of the area, then
conditions may be imposed, such as to increase the structure setback from the lake by 15 feet to reduce the
extent of the driveway and minimize the amount of impervious surface coverage over the limit.
Conditions on Variances
If findings support granting the variance, consideration must be given to the impacts on the public water
and the riparian area and appropriate conditions to mitigate them. Conditions must be directly related and
roughly proportional to the impacts created by the variance. Several examples are provided below:
Modify construction designs (to minimize impact);
Use permeable pavement systems for walkways, driveways, or parking areas (to reduce effective
impervious surface area and infiltrate runoff);
Direct rain gutter discharges away from the public waters and into infiltration basins (to reduce
connected impervious coverage to allow additional areas for infiltration);
Preserve and restore shoreline vegetation in a natural state (to intercept and filter runoff coming
from structures and driveways); and/or
Increase setbacks from the ordinary high water level (to provide infiltration near public waters).
More information at: www.dnr.state.mn.us/waters/watermgmt_section/shoreland/variances.html
From:John P. Hanson
To:Sophia Jensen
Subject:RE: Lake Elmo Land Use Review - May 2nd Batch
Date:Wednesday, May 24, 2023 3:07:38 PM
Attachments:image001.png
Caution: This email originated outside our organization; please use caution.
Sophia,
Cornerstone’s Certificate of Survey lists 6,422 square feet of new impervious surface area for the
parcel. The Valley Branch Watershed District (VBWD) requires a permit and stormwater
management for projects creating 6,000 square feet or more of new impervious surface. The owner
should apply for VBWD permit. Cornerstone is aware of the VBWD permit requirements and process
and should be able to help their client.
Thank you,
John
John P. Hanson, PE Valley Branch Watershed District Engineer Barr Engineering Co. | 4300 MarketPointe Drive | Bloomington, MN 55435 office: 952.832.2622 | cell: 612.590.1785 JHanson@barr.com | www.barr.com | www.vbwd.org
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Sophia Jensen
From:Dawn Mohr <dawnmohr@comcast.net>
Sent:Sunday, June 11, 2023 8:12 PM
To:Sophia Jensen
Subject:Variance 4708 Larkspur Lane
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https://aka.ms/LearnAboutSenderIdentification ]
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Dear Sophia,
My husband and I read the letter sent out May 26. We were never aware of this area being a lot for sale. There
has never been a “Lot for Sale” sign anywhere near that area in last 21 years that our family has lived in this
neighborhood. This lot has mature trees and old farm buildings that add to the country feel.
Bob Engstrom, who developed this neighborhood, did not take or return calls last year when this was first
brought to our attention.
My husband & I both feel that this is a “done deal” between two builders and to hell with what residents of the
Fields of St Croix say - the lot will be used to put up a house. We cannot imagine Mr. Appert wants the old farm
buildings on his new property & the variance he is requesting, he will build whatever structure he wants. This
will take away a lot of appeal from the barn usage and overall feel of our neighborhood.
Sincerely,
Dawn & Bill Mohr
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CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2023-063
A RESOLUTION APPROVING THE REQUEST WITH CONDITIONS FOR A VARIANCE
TO ALLOW AN IMPERVIOUS SURFACE COVERAGE OF 18.8% ON THE PROPERTY
LOCATED AT 4708 LARKSPUR LANE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Bob Appert and Robert Engstrom (the “Applicants”), owner of the property located at 4708 Larkspur Lane N N PID# 12.029.21.14.0009, Lake Elmo, MN 55042 (the “Property”) have submitted an application to the City of Lake Elmo (the “City”) for a variance
request to allow increased impervious surface; 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 12th 2023; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation of approval to the City Council as part of a Staff Memorandum dated June 20th
2023; and
WHEREAS, the City Council considered said matter at its June 20th 2023 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 105.12.320 of the Lake
Elmo Zoning Code.
2) That the proposed variance includes the following components:
a)The applicants proposes to construct a new single family home, preserve original
Goetschels farm agricultural buildings, and accommodate for an existing driveway
encroachment.
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3)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: The applicant is proposing to construct a single family home on a platted
lot. The proposed house would only add up to 11% impervious surface but due to the
existing farm buildings and neighbor/HOA encroachments the property is pushed over
the maximum impervious surface allowance of the Shoreland Overlay District.
4)Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
FINDINGS: The property is a part of the original Goetschels farmstead. The applicant is
not responsible for the existing encroachments or farm buildings that are currently on the
property but has the intent to preserve these improvements. The applicant has made
efforts to avoid the variance process to no avail.
5)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 construction of a single family home and preservation of the existing
farm buildings would not alter the essential character of the neighborhood. The removal
of the existing farm buildings would negatively alter the essential character given the
neighborhood was built around this farmstead.
6)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 single family home meets all required setbacks and would be
spaced adequately from adjacent residences. The addition of a single family home would
not significantly increase congestion on the public street or impair 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 with conditions for a variance request to allow increased impervious surface on the property located at 4708 Larkspur Lane North. The conditions for approval are outlined below: 1. The applicant must obtain all other necessary City, State, and other governing body
permits and approvals prior to construction.
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2. Building address numbers shall be plainly visible from the street fronting the property
and shall contrasting color from the background.
3. All stormwater runoff from the site shall be contained on the applicant’s property.Stormwater shall not be directed onto adjacent properties or to Goetschels Pond.4. This variance approval is only for increased impervious surface coverage to 18.8%.5. If approved, this variance shall expire if work does not commence within 12 months of
the date of granting the variance.
Passed and duly adopted this 20th day of June, 2023 by the City Council of the City of Lake Elmo,
Minnesota.
____________________________________
Mayor Charles Cadenhead
ATTEST:
_______________________________
Julie Johnson, City Clerk