HomeMy WebLinkAbout2025-013CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO.2025-13
A RESOL UTION DENYING THE SEVEN SHORELAND VARIANCE REQUESTS FOR
CONSTRUCTION OF SINGLE FAMILY HOME ON THE PROPERTY LOCA TED AT.•
PID 14.029.21,24.0004 AND OUTLOT B OF NORTHSTAR IST ADDITION
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Joe and Joan Chavez (the "Applicants'), owners of the property located at
PID # 14.029.21.24.0004, Lake Elmo, MN 55042 and Craig Allen (Gonyea Companies), owner
of Outlot B of Northstar I" Addition PID # 14.029.21.13.0023 Lake Elmo, MN 55042
(collectively, the "Property") have submitted an application to the City of Lake Elmo (the
"City") to request seven variances for the construction of a single family home in a shoreland
and bluff zone; 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 January 27t11 2025; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation of denial of the variance to the City Council as part of a Staff memorandum
dated February 4th 2025; and
NOW, THEREFORE, based on the testimony elicited and information received, the
City Council makes the following findings of fact:
FINDINGS
1. The Applicants propose to construct a new house and driveway on the Property which
would require seven variances, listed below:
fh
105.12.1260 Table 17-3 - OHWL Structure Setback
150'
120'
105.12.1260 Table 17-3 - Structure Setbacks from Bluff
30'
In Bluff
105.12.1260 7 a - Principal Structure In Bluff Area
Not Permitted
In Bluff
105.12.1260 7 c - Vegetative Clearing In Bluff Im act Zone/Steep Slopes
Not Permitted
Proposed
105.12.1260 5 a) — Subdivision Standards, Suitable Lot
Not Permitted
Proposed
105.12.1260 5 Subdivision Standards, Variances Required
Not Permitted
Proposed
105.12.1260 7 e - Grading In Shoreland Areas
Not Permitted
Proposed
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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 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: The practical difficulties criteria is about what is
reasonable given the purpose of the ordinance, not what is reasonable to the applicant.
The request should be the minimum necessary to achieve the purpose of the ordinance.
Enjoyment of the parcel in its natural state, building a smaller house, moving the house
further from the lake, or even using the property as an access to Sunfish Lake, are
reasonable and sufficient uses of the property. Staff finds that constructing a large
single family home is not a necessity in this sensitive natural area. Practical
Difficulties Criteria is not met.
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 were not created
by the land owner/applicant. FINDINGS: Staff understands that the Applicants have
owned this property for many years and did not create their parcel. While the bluff
setback requirements and shoreland overlay restrictions may have not been in place
when the property was purchased, any future development is required to adhere to
them. In addition, the Applicants have the ability to acquire additional property by
revising the outlot shape within NorthStar to create a site design that requires minimal
or no variances. The Applicants may also change the location of the house or decrease
its size. The Applicants have not demonstrated any attempts to avoid variances based
on the size or placement of the home or attempts to acquire more property. Unique
Circumstances Criteria is not met.
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: The Applicants
are proposing to develop their property that is situated within a natural bluff and
shoreland area citing that there are existing adjacent residential homes. Stafffands that
the existing homes along the South and West were built many years ago, likely under
different less restrictive requirements. Development on the North and East side of the
lake, adjacent to this parcel, such as Hamlet on Sunfish Lake and Northstar were
developed to avoid these sensitive areas. This request directly conflicts with the bluff
and shoreland regulations that were implemented to protect these sensitive areas.
Character of Locality Criteria is not met.
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: Although no streets or infrastructure are
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currently in place to accommodate this request, the request would only add one single
family home. Given that the request only consists of the construction of one home, there
should not be an increase in congestion on a public street or will the proposed home
substantially diminish adjacent property values. Adjacent Properties and Traffic
Criteria is met.
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 denies the Applicant's seven variance requests to construct a new home on the Property.
Passed and duly adopted this 4"' day of February 2025 by the City Council of the City of Lake
Elmo, Minnesota.
Mayor Charles Cadenhead
ATTEST:
J li Johns(6,f ity Clerk
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