HomeMy WebLinkAbout2023-063CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2023-063
A RESOL UTIONAPPROVING THE REQUEST WITH CONDITIONS FOR A VARIANCE
TO ALLO WAN IMPER VIOUS 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 20, 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.
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.
ATTEST:
Juli J nson, it Clerk
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Mayor Charles Cadenhea