HomeMy WebLinkAbout2024-019CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2024-019
A RESOL UTIONAPPRO VING THE REQUEST WITH CONDITIONS DANIEL AND
ANNE STOUDT FOR A VARIANCE TO ALLOW ANINIPERVIOUS SURFACE
COVERAGE OF 19.0% ON THE PROPERTYLOCATED AT 8012 HILL TRAIL N.
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Daniel and Anne Stoudt (the "Applicant") owners of the property located at
8012 Hill Trail N — Parcel 04.029.33.0044, Lake Elmo, MN 55042 (the "Property") have
submitted an application to the City of Lake Elmo (the "City") for a variance request to allow an
impervious surface coverage of 19.0% where a maximum of 15% is allowed; 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 January 22nd 2024; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated February 6th 2024;
and
WHEREAS, the City Council considered said matter at its February 6th 2024 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:
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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 and 105.12.1260 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 expand the living space within the existing single family
home, add a detached garage, and add a porch. The expansions are proposed on the
east side of the home and a paved portion of the driveway will be removed in front of
the existing detached garage along with a paved area to the east of the garage. The
proposed expansion will increase the impervious surface coverage from 17.2% to
19.0%.
b) As per Table 17-3 of Section 105.12.1260 of the Lake Elmo City Code, the maximum
impervious surface coverage for an unsewered lot in a Shoreland Management District
is 15%.
c) The applicant proposes a storm water management plan to infiltrate a portion of the
newly constructed impervious surfaces.
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:
Strict enforcement of the municipal code denies the applicant the use of a functional gauge
and adequate living space for a growing family. According to the applicant, the existing
tuck under garage was built so that only compact cars fat inside. The inability to park
vehicles inside creates parking problems for the owners and guests. Additionally, there is
currently an inadequate amount of bedrooms for a family of six. The current home has a
total of 3 bedrooms. This arrangement will not be practical in the near future.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The previous owners of the property chose the existing home location and constructed the
existing home and tuck under. The applicant has explored other alternatives such as
expanding the existing garage to lessen the total impervious coverage. Expansion of the
existing garage is not practical due to its proximity to the west property line and the living
space above located above.
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 additions would not alter the essential character of the neighborhood. The
general style of the addition would be consistent with the existing principal structure. The
applicant proposes to use natural colors and preserve as many trees as possible to
maintain the wooded character of the neighborhood. Several surrounding properties
consist of principal structures with larger footprints, consistent with what is being
proposed. All required Shoreland District setbacks and property line setbacks would be
met with this proposal.
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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 variance does not impair adjacent properties. The closest point of the
proposed addition would be approximately 40feetfrom the neighboring home to the east.
The subject property is heavily wooded which provides natural screening-, rom the public
street and neighboring properties. The proposal would not increase the congestion of the
public street or diminish property values.
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 by Zawadski Homes on behalf of Daniel and Anne
Stondt for a variance request to allow an impervious surface coverage of 19, 1% on the property
located at 8012 Hill Trail N. The conditions for approval are outlined below:
1. The applicant may not exceed the proposed 19% impervious surface coverage,
1 If approved, this variance shall expire if the work does not commence within 12 months
of the date of granting the variance.
3. Building materials used must be similar incolor to the existing principal structure.
4. Grading should be done in a manner that does not direct stormwater runoff towards the
sanitary system or adjacent properties.
5. The existing well must be scaled in accordance with MDH requirements and the new well
must be constructed in accordance with MDH requirements and meet all required
setbacks,
6. Addressing numbers shall be plainly visible from the street fronting the property and
shall be contrasting color from the background.
7. The fire detection and suppression requirements in the Fire Department Memo dated
12/13/2023 must be net prior to the final inspection.
Passed and duly adopted this 6h day of February, 2024 by the City Council of the City of Lake
Elmo, Minnesota.
ATTEST:
J lie ohnson, it, Clerk
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