HomeMy WebLinkAbout#18 - 2621 Innsdale Ave VarianceSTAFF REPORT
DATE: 4/4/2023
REGULAR
MOTION
TO: City Council
FROM: Sophia Jensen, City Planner
AGENDA ITEM: 2621 Innsdale Ave – Front and Side Yard Setback Variance
INTRODUCTION:
Bryant Olson (Applicant and Owner) recently submitted a variance application for a home
addition that would further encroach required side and front yard setbacks of the Residential
Estate (RE) zoning district on the property located at 2621 Innsdale Ave N, Parcel Identification
No. 21.029.21.24.0006 (Subject Property).
ISSUE BEFORE THE CITY COUNCIL:
The City Council is being asked to make a determination on the variance request.
VARIANCE REQUEST DETAILS/ANALYSIS:
Address:
PID:
Lot Area:
Existing Zoning:
Surrounding Zoning:
Deadline for Action:
2621 Innsdale Ave N
21.029.21.24.0006
1.5 acres
Residential Estate (RE), Valley Branch Watershed District
Residential Estate to the North, South, and West;
Lake Elmo Park Reserve to the East
Application Complete – 1/19/2022
60 Day Deadline – 3/20/2023
Extension Letter Mailed – 3/16/2023
120 Day Deadline – 5/19/2023
Applicable Regulations: Article XI Rural Districts
Article V Zoning Administration and Enforcement
REASON FOR REQUEST
The existing home was built in 1987 and is a legal nonconformity because does not meet the
current front or side yard setback requirements. Below is a table of the Residential Estate
Setbacks (LEC 105.12.630), the existing home setbacks, and the proposed setbacks:
Residential Estate
Zoning
Existing Home
Setbacks
Proposed Addition
Setbacks
Front Yard 100 ~ 61.25ft 57.25ft
Interior Side Yard 50 ~ 57ft and 47ft 40.2ft and 20.3ft
Rear Yard 100 ~ 320ft No Change
2
CITY AGENCY REVIEW:
This request was distributed to the City Engineer and Fire Department on February 1st 2023.
Fire Department Email Dated 2/7/2023:
•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.
City Engineer Email Dated 2/3/2023:
•There does not appear to be any infrastructure (watermain/storm sewer) located along the
side lot lines.
•Any approvals should be conditioned on the improvements not altering drainage patterns
that impact neighboring properties.
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 set forth by the MN Stat. 462.357 subd.6 before the
City may grant an exception or 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: Strict enforcement of the code would create the inability for any proposed
addition to the home. Due to the narrow and long lot layout the front and sides of the home
are already encroaching setback requirements while the septic system restricts any addition
to the rear of the home.
2)Unique Circumstances. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
FINDINGS: The property owner is not responsible for the lot layout nor the existing legal
nonconformity of the building encroachment into setbacks. The home was built in 1987. The
current owner purchased the home in 2019.
3) Character of Locality. The proposed variance will not alter the essential character of the
locality in which the property in question is located.
3
FINDINGS: The proposed request should not alter the character of the neighborhood. The
proposed residential addition fits architecture and use of surrounding homes. The home is to
remain a single family unit.
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 request should have no negative effect on light and air to
adjacent properties the home would not encroach easements and would remain a fair
distance from neighboring dwelling units. Property values should not be diminished from the
request. The request should not increase congestion in the public street.
PUBLIC COMMENT:
A hearing notice was sent to surrounding properties on March 1st 2023. A hearing notice was
published in the local newspaper on March 3rd 2023. Staff has not received any public comment
at this time.
PLANNING COMMISSION:
The Planning Commission recommended approval of the variance request at their March 13th
2023 Planning Commission meeting with the conditions listed in the staff report.
FISCAL IMPACT:
None
RECOMMENDED CONDITIONS OF APPROVAL
1. A building permit must be issued prior to construction.
2.Building materials must be aesthetically similar to the existing home.
3. All stormwater runoff from the proposed addition shall be contained on the applicant’s
property. Stormwater shall not be directed onto adjacent properties.
4. This variance approval is only for reduced front and side yard setbacks.
5. If approved, this variance shall expire if the work does not commence within 12 months
of the date of granting the variance.
OPTIONS:
The City Council may:
•Approval of the variance.
•Approve of the variance with conditions.
•Deny of the variance, citing recommended findings of fact for denial.
RECOMMENDATION:
Staff recommends that the City Council approve the variance request.
“Motion to approve the variance request to reduce front and side yard setback requirements of the
Residential Estate Zoning district for the property located at 2621 Innsdale Ave N. with the
conditions of approval listed in the staff report”
4
ATTACHMENTS:
1)Land Use Application
2)Written Statements
3)Location Map
4)Certified Survey
5)Building Plans
6)Engineer Email Dated 2/3/2023
7)Fire Dept. Email Dated 2/7/2023
8)Resolution 2023-026
8457
8454
2621
2655
8364
2626
8483
8478
8375
8341
ArcGIS Web AppBuilder
Wash_Co_mosaic_2022.jp2
Red: Band_1
Green: Band_2
Blue: Band_3
Parcels
2/9/2023, 12:07:42 PM
0 0.03 0.050.01 mi
0 0.04 0.080.02 km
1:2,257
1
Architects
651-998-1022
Sep. 8, 2022
Vermeland
Existing
First Floor
Plan
1/8" = 1'-0"Olson Residence2621 Innsdale Ave. N. Lake Elmo, MN 55042
2
Architects
651-998-1022
March 8, 2023
Vermeland
First Floor
Plan
1/8" = 1'-0"Olson Residence2621 Innsdale Ave. N. Lake Elmo, MN 55042W
D
L
R D
Dn
Pan.
Up
Dn
Dn
U p
3
Architects
651-998-1022
Vermeland
Exterior
Views
1/8" = 1'-0"Olson Residence2621 Innsdale Ave. N. Lake Elmo, MN 55042March 8, 2023
1
Sophia Jensen
From:Jack Griffin <Jack.Griffin@focusengineeringinc.com>
Sent:Friday, February 3, 2023 3:05 PM
To:Sophia Jensen
Cc:Jenni Faulkner
Subject:2621 Innsdale Ave Setback Variance
Caution: This email originated outside our organization; please use caution.
Sophia,
Below are my comments for the 2621 Innsdale Ave Setback Variance. Please let me know if there is anyting
more you need from engineering.
1. There was limited plan information provided for engineering review. However, there does not appear to
be any infrastructure (watermain/storm sewer) located along the side lot lines.
2. No proposed grading plan was submitted for review. Any approvals should be conditioned on the
improvements not altering drainage patterns that impact neighboring properties. If a grading plan review
is needed, please request the appliant to provide a proposed grading plan to scale and to provide existing
conditions survey with existing septic system accurately shown.
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:Dustin Kalis
Sent:Tuesday, February 7, 2023 10:44 AM
To:Sophia Jensen
Subject:RE: Lake Elmo Land Use Review - February 1st Batch
2621 Innsdale Ave Setback Variance: Bryant Olson, homeowner, has submitted a variance for flexibility from
zoning setback requirements for a home addition. The property is zoned Residential Estate (RE). Reviewers:
Fire.
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
Fire Station #1 - 3510 Laverne Ave. N. | Lake Elmo, MN | 55042
651-747-3933 office | www.lakeelmo.org
1
CITY OF LAKE ELMO
COUNTY OF WASHINGTON
STATE OF MINNESOTA
RESOLUTION NO. 2023-026
A RESOLUTION APPROVING THE REQUEST WITH CONDITIONS FOR A VARIANCE
TO ALLOW REDUCED SIDE AND FRONT YARD SETBACKS ON THE PROPERTY
LOCATED AT 2621 INNSDALE AVENUE NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Bryant Olson (the “Applicants”), owner of the property located at 2621
Innsdale Ave N PID# 28.029.21.13.0015, 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
reduced front and side yard setbacks; 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 March 13th 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 April 4th
2023; and
WHEREAS, the City Council considered said matter at its April 4th 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 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 proposes to construct a home addition of the sides and front of the
existing home. The home is a legal nonconformity as it does not meet required setbacks.
2
Due to the location of the septic system an addition cannot be added to the rear of the
home.
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 code would create the inability for any proposed addition to the
home. Due to the narrow and long lot layout the front and sides of the home are already
encroaching setback requirements while the septic system restricts an addition to the rear
of the home.
5) Unique Circumstances the plight of the landowner is due to circumstances not created by
the landowner:
The property owner is not responsible for the lot layout nor the existing legal
nonconformity of the building encroachment into setbacks. The home was built in 1987.
The current owner purchased the home in 2019.
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 request should not alter the character of the neighborhood. The proposed
residential addition fits architecture and use of surrounding homes. The home is to
remain a single family unit.
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 request should have no negative effect on light and air to adjacent
properties the home would not encroach easements and would remain a fair distance
from neighboring dwelling units. Property values should not be diminished from the
request. The request should not increase congestion in the public street.
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 reduced front and
side yard setbacks on the property located at 2621 Innsdale Ave N. The conditions for approval
are outlined below:
1. A building permit must be issued prior to construction.
2. Building materials must be aesthetically similar to the existing home.
3. All stormwater runoff from the proposed addition shall be contained on the applicant’s
property. Stormwater shall not be directed onto adjacent properties.
3
4. This variance approval is only for reduced front and side yard setbacks.
5. If approved, this variance shall expire if the work does not commence within 12 months
of the date of granting the variance.
Passed and duly adopted this 4th day of April, 2023 by the City Council of the City of Lake Elmo,
Minnesota.
____________________________________
Mayor Charles Cadenhead
ATTEST:
_______________________________
Julie Johnson, City Clerk