HomeMy WebLinkAbout2026-033CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2026-033
RESOL UTION APPRO VING THE REQUEST WITH CONDITIONS FOR A VARIANCE TO THE
SUBDIVISION ORDINANCE SECTION 103.00.140(J, 5) REQUIRING SIDEWALK ON ONE
SIDE OF ALL STREETS ON THE PROPERTYLOCATED AT 2298INWOOD 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 LEC 103.00.1400,5) to allow development of new
streets without a sidewalk 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 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 103.00.120 of the
Lake Elmo Subdivision Code.
2) That all submission requirements of Section 103.00.120 of the Lake Ehno Subdivision Code
and 105.12.320(c) 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 lots for new
construction. The Proposed plat includes two new public streets. The applicant is
not proposing to include a sidewalk on the new streets.
4) The property owner proposes to use the property in a reasonable manner. The design of
the development is consistent with the other provisions of this ordinance.
5) The proposed development is a rural development with large lots. Sidewalks are not a
common element in rural developments.
6) The variance, if granted, will not alter the essential character of the locality. There are
no sidewalks located in the adjacent Lake Elmo developments.
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 to LEC 103.00.1400,5) to allow development of new
streets without a sidewalk on the property located at 2299 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.
Passed and duly adopted this 5`" day of May, 2026, by the City Council of the City of Lake
Elmo, Minnesota.
ATTEST:
du ie ohms n City Clerk
r ,,
Mayor Charles Cadenhead
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