HomeMy WebLinkAbout2026-031CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2026-031
RESOLUTIONAPPROVING THE REQUEST WITH CONDITIONS FOR A VARIANCE TO
ALLOW REDUCED FRONT YARD SETBACKS ON THE PROPERTYLOCATED AT 2298
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WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
Linder 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 allow a 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 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 applicant proposes to subdivide the existing property into lots for new
construction, and to maintain the existing home. The home is a legal nonconformity
as it does not meet required setbacks.
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 strict enforcement of this chapter would cause practical difficulties because of
circumstances unique to the individual property. The topography of the development
does not allow for the single-family lot yards to have standard rear yard areas, and
in some cases, there are concerns with rear yard slope stability given the proximity
of proposed structures. There is an existing house on the farmstead property that is
already nonconforming. The need.for the variance is due to the dedication of
additional right-of-way for the existing county road.
5) Unique Circumstances the plight of the landowner is due to circumstances not created
by the landowner:
A road connection is required in the alignment that is proposed. But for front yard
setbacks, the lots would meet the applicable bulls standards in every way. The
existing farmstead house on the property was built in 1925. The need for the
variance is due to the dedication of additional right-of-way for the existing county
road.
6) Character of Locality the proposed variance will not alter the essential character of the
locality in which the property in question is located:
Front yard setback reduction will allow for an increase in the rear yard areas on the
lots, which will enhance the buffer to existing lots and land uses. This is in line with
the rural development character. The farmstead house has been located on this site
since 1925. There is no change in the character.
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:
This variance will not impact the supply of light and air to the adjacent property,
or increase traffic on the public streets.
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 LEC
105.12.630 allowing reduced front yard setbacks of 50' for new lots and 20' for the
existing farmstead lot in the Highpointe Crossing development loccted 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.
Passed and duly adopted this 5U' day of May, 2026, by the City Council of the City of Lake
Elmo, Minnesota.
7LL
Mayor Charles Cadenhead
ATTEST:
l
Jut. hnso , y Clerk