HomeMy WebLinkAboutResolution 98-72City of Lake Elmo
Washington County, Minnesota
Resolution No. PZ 98 -72
WHEREAS, the Lake Elmo Planning Commission has reviewed and heard testimony regarding
the application of John & Diana Meier, applicants, to vary from the standards of Section 300.07 Subd. 2
Lake Elmo City Code with respect to the property described as follows:
That part of Lot Twenty -three (23), DACE ACRES SECOND EDITION
as surveyed and platted and now on file and of record in the office of the
Registrar of Titles in and for the County of Washington, State of
Minnesota, described as follows, to wit: Beginning at an iron pipe at the
Northwest corner of said Lot 23, thence East along the North line of said
Lot 23 a distance of four hundred and eight and nine- tenths (408.9) feet
to a monument (J.L. #3), thence Southeasterly on a bearing of S 01
degrees 47 minutes East a distance of two hundred (200.0) feet to a
monument (J.L. 44), thence Southwesterly on a bearing of S 72 degrees
49 minutes West a distance of sixty -nine and eight - tenths (69.8) feet to
an iron pipe, thence Northwesterly on a bearing of N 33. degrees 21 feet
West a distance of one hundred and sixty -six and three- tenths`(1663)
feet to an iron pipe, thence Northwesterly .on a bearing .6f �N 62 :degrees
50 minutes West a distance of one hundred six and five - tenths (106.5)
feet to an iron pipe, thence west along a line parallel to .and thirty- three
(33) feet South of the North line of said Lot 23, a distance of )one .
hundred twenty -nine and twenty -five hundreths (129.25) feet: to.an: iron
pipe, thence South a distance of fifty and seventy -three hundreths (50,73)
feet to an iron pipe, thence Southwesterly on a bearing of S 68 degrees
55 minutes West a distance of twenty -three and four tenths (23.4) feet
more or less, to an iron pipe on the East line of the platted roadway,
thence Northwesterly along the East line of the platted roadway a
distance of twenty -three and nine - tenths (23.9) feet to an iron pipe,
thence North along the West line of said Lot 23, a distance of seventy -
one and two- tenths (71.2) feet to an iron pipe, the point of beginning,
commonly known as 4731 Birchbark Trail North, Lake Elmo,
Minnesota.
WHEREAS, said variances are described as follows:
To permit a screened porch in the Shoreland setback; and to permit a deck/screened porch to extend
closer to the Ordinary High Water Mark than 15% of the principal structure setback.
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo Planning Commission does
hereby make the following findings concerning said variance:
There does exist extraordinary circumstances that do not generally apply to other parcels in this
zoning district.
2. The literal interpretation of the applicable Zoning Ordinance sections with regard to Shoreland
setbacks will deprive the Iandowner of the right to preserve reasonable property rights.
3. The circumstances are the result of prior permitting actions of the City, and not the applicant.
4. The variance will not confer upon the applicant privileges denied to other property owners within
this zoning district.
S. The variance is the minimum logical action that will alleviate the circumstances.
6. The variance will not be detrimental to the purposes of this section, or to other property in this
zone.
WHEREAS, said variances are approved subject to the following condition:
1. The building pen-nit application shall include plans for any vegetation to be removed
to be restored no later than June 1, 1999.
BE IT FURTHER RESOLVED, that the Lake Elmo Planning Commission hereby approves
and issues this Order.
ADOPTED, by the Lake Elmo Planning Commission this 21" ay of December, 1998.
Th as °Armstrong, Chairman
Lake Elmo Planning Commission
ATTEST: