HomeMy WebLinkAbout2026-032CITY OF LAIfE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2026-032
RESOLUTIONAPPROVING A VARIANCE TO ALLOW REDUCED PLANTINGS PER ACRE
OF DISTURBED LAND ON THE PROPERTY LOCATED AT 2298 INWOOD 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, Rachel Development, Inc. (the "Applicant'), and Allen Eberhard, Trustee
of Caroline M. Eberhard Trust (the "Owner") have submitted an application to the City of Lake
Elmo (the "City") for a variance request to the provisions of LEC 105.12.480(c,2) which would
allow fewer than five trees per acre of disturbed land reduced front yard setback on the property
located at 2298 Inwood Ave N PID# 21.029.21.32.0001, Lake Elmo, MN 55042 (the
"Property"); 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 April 13, 2026; 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 May 5,
2026; and
WHEREAS, the City Council considered said matter at its May 5, 2026 meeting and
directed City staff to draft a resolution denying the variance for its consideration; and
NOW THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
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 applicant proposes to subdivide the existing property into several lots for new
construction. The applicant is requesting to plant three trees per lot, rather than the
required five trees per acre of disturbed land.
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:
The request by the developer to reduce the overall number of tees is based on more
recent urban development characteristics. In rural areas, property owners are more
likely to add trees to lots after homesites are established. The property is being used in
a reasonable manner and trees will be provided at a higher rate per lot than denser
urban development.
5) Unique Circumstances the plight of the landowner is due to circumstances not created
by the landowner:
A higher number of trees on a per -lot basis are expected with this rural development
than denser urban developments. No recent rural developments have occurred since
the adoption of new landscaping requirements.
6) Character of Locality the proposed variance will not alter the essential character of the
locality in which the property in question is located:
Approval of the proposed variance will not result in a development with fewer trees
per lot than other new developments in Lake Elmo. In this way, the development will
be consistent with the character of the locality.
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 will not impair an adequate supply of light and air to
property adjacent to the property in question or substantially increase the congestion
of the public streets. The number of trees planted will reflect other rural
developments and is not expected to have an adverse impact on surrounding
properties or their value.
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
with conditions a variance request to the provisions of LEC 105.12.480(c,2) which would allow
fewer than five trees per acre of disturbed land reduced front yard setback on the property on the
property located at 2298 Inwood Ave N. The conditions for approval are outlined below:
1. This variance approval is only for the plat to be known as Highpointe Crossing.
2. If approved, this variance shall expire if the work does not commence within 12 months of
the date of granting the variance.
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Passed and duly adopted this 5 h day of May, 2026, by the City Council of the City of Lake
Elmo, Minnesota.
Mayor Charles Cadenhead
ATTEST:
C
Ju e ohnson C Clerk