HomeMy WebLinkAbout2026-040THE CITY of -
LAKE ELMO
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION NO.2026-040
A RESOLUTION APPROVING THE REQUEST WITH CONDITIONS
FOR A VARIANCE TO ALLOW REDUCED FRONT YARD SETBACKS
ON THE PROPERTY LOCATED AT 9960 57TH ST N
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Richard Egersdorf (the "Applicant'), owner of the property located at 9960
57" St N PID#03.029.21.14.0002, Lake Elmo, MN 55042 (the "Property") has submitted an
application to the City of Lake Elmo (the "City") for a variance request to allow a reduced front
yard setback; 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 May I I'll 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 June 2nd
2026; and
WHEREAS, the City Council considered said matter at its June 2nd 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 of the Lake Elmo Zoning Code
have been met by the Applicant.
3) That the proposed variance includes the following components:
a. The applicants propose to construct a detached accessory structure. Due to the
finished floor elevation requirements and the location of the septic system, an
accessory structure cannot be built within city setbacks.
A THECrrvf,
O[ VlE ELMO
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 not allow for a reasonably sized detached structure
in an accessible location on the property. Building in a location which complies with the
City's setback requirements and VBWD pond regulations would require substantial
grading activity which would disturb the wetland areas, cause significant tree removal,
and disturb/compact area around the septic area, while also restricting access to the
septic manhole.
5) Unique Circumstances the plight of the landowner is due to circumstances not created
by the landowner:
The unique site conditions of nearby Klawitter Pond and its associated elevation
restrictions, as well as the location of the septic manhole are existing and not created by
the landowner and restrict the buildable area on the property.
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 scale and
use of the proposed detached structure is consistent with the surrounding properties.
With this request, the site's impervious surface will be reduced and brought into
conformance (15116).
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 accessory structure would not encroach easements and would remain a
fair distance from neighboring dwelling units while also being screened by existing
vegetation. 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 yard setbacks on the
property located at 9960 57`h St N. The conditions for approval are outlined below:
1. The applicant must remove the gravel driveway and reestablish pervious cover prior to
issuance of a building permit of the proposed accessory structure. The impervious surface
area must not exceed 15% of the lot area upon completion of construction.
2. Building materials must be aesthetically similar to the existing home.
THE CITY OF
LAKE ELMO
3. This variance approval is only for a reduced structure setback from the front property line
(Keats Avenue) to 98.7 feet.
4. If approved, this variance shall expire if the work does not commence within 12 months
of the date of granting the variance.
ADOPTED BY THE LAKE ELMO CITY COUNCIL ON THE 2ND DAY OF JUNE 2026.
CITY OF LAKE ELMO
Charles Cadenhead,
(Seal) Mayor
ATTEST: