HomeMy WebLinkAbout2024-074CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2024-074
A -RESOLUTIONAPPROV17VGA VARIANCE TOALLOWA REDUCED STRUCTURE
SETBACK OF 47.2 FEET FROM THE 0,RDI]VARYHIGH-WATER LEVEL ON THE
PROPERTYLOCATED AT 8286 HIDDENBAY COURT NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Jeff and Judy Otto (the "Applicants"), owners of the property located at
8286 Hidden Bay Court N, PID # 09.029.21.23.0013, Lake Elmo, MN 55042 (the "Property")
have submitted an application to the City of Lake Elmo (the "City") to request a variance to
allow a reduced structure setback of 47.2 feet from the ordinary high-water level for a new
house; and
WHEREAS, notice of a public hearing 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 10t" 2024; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation of approval of the variance to the City Council as part of a Staff Memorandum
dated June 18th 2024; and
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following:
FINDINGS
1. The Applicants are requesting a variance to allow for a reduced structure setback of 47.2
feet from the ordinary high-water level for a new single family home.
2. That the procedures for obtaining a variance are set forth in Section 105.12.320 of the Lake
Elmo Zoning Code. Any action taken by the City Council to approve a variance request
must meet all of the following findings:
a. 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: A single family house is consistent with the zoning district and shoreland
overlay district, With, this request the site's impervious ous surface will be reduced and
brought into conformance (15%).
b. Unique Circumstances - the problem for the landowner/applicant which the intended
variance is intended to correct is unique to the property in question that was not created
by the landowner/applicant.
Findings: The OHWL setback and zoning setbacks on this property significantly
impact buildable area. &afffinds the site revisions made front the previous request
better meet the intent of the shoreland overlay code. The applicants are not proposing
to encroach anyfurther than the existing conditions.
c. Character of Locality - the proposed variance will not alter the essential character of
the locality in which the property in question is located.
Findings: Essential character should not be altered with this request. The proposal is
at the same setback as the current structure,
d. 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 reduced structure setback should not increase congestion on a public
street or negatively impair adjacent properties.
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 Applicants' request for a variance to allow a reduced structure setback from
the ordinary high-water level on the Property, subject to the following conditions:
1. This variance approval is only for a reduced structure setback from the ordinary high
water level to 47.2 feet.
2. The applicant must obtain all other necessary City, State, and other governing body
permits and approvals prior to construction.
3. 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 2nd day of July, 2024 by the City Council of the City of Lake Elmo,
Minnesota
Juli Jo son, ity rk
0
Mayor Charles Cadenhead