HomeMy WebLinkAboutResolution 2001-030 AKies6g Variances 2001
City of Lake Elmo
Washington County, Minnesota
Resolution No. PZ 2001 -30A
A RESOLUTION GRANTING
SHORELAND STANDARDS VARIANCE
and
NON - CONFORMING USES VARIANCE
Joe and Lori Kiesling - 9359 Jane Road North
WHEREAS, the Lake Elmo Planning Commission, at its May 14, 2001 meeting, reviewed
and heard testimony regarding the application of Joe and Lori Kiesling, to vary from the standards
of Section 325.06 - Shoreland Standards Subd. 4.A Placement, Design_; and Height of Structures,
and, Section 300.05 Subd.2 C. Non - Conforming Uses, Buildings and Strictures of the Lake Elmo
City Code with respect to the property located at:
9359 Jane Road North
WHEREAS, said variances are described as follows:
1. A variance to enlarge the existing structure 22 feet from the Ordinary High
Water level, where 100 feet is required; and,
2. A variance to alter a non - conforming structure.
NOW, THEREFORE, BE IT RESOLVED, that the Lake Elmo Planning Commission
does hereby make the following findings concerning said variances:
1. The physical circumstances of this site are unusual, in a citywide context, due to
platting prior to adjustment of the Ordinary High Water of Lake Jane and the
adoption of Shoreland standards by the City. Few parcels in the City exhibit
similar constraints of lot depth that from these two factors.
2. Reasonable improvements, remodeling and additions to a home are a right
normally enjoyed by other property owners in the area. Many examples of such
improvements in the neighborhood were cited. A literal interpretation of the
setback standard would preclude the applicant from enjoying these rights.
3. The conditions leading to this variance resulted from actions of the City prior
plat approval; the Watershed District by establishing Lake Jane Ordinary High
Water well after platting the parcel; and, the State Legislature by mandating
Shoreland Zoning well after platting approval. The applicant was not party to
those actions.
4. No special privilege will be granted to the applicant not enjoyed by the majority
of property owners in this zoning district.
5. Since any expansion of the existing building would require the proposed
variance; the variance applied for is the minimum variance required alleviating
the hardship demonstrated.
6. The variance will not be materially detrimental to the purposes of the Zoning
Ordinance or other properties.
NOW, THEREFORE, BE IT RESOLVED, that the Lame Elmo Planning
Commission hereby grants this order.
ADOPTED, by the Lake Elmo Planning Cornmission this 14th day of May 2001.
ThcKnas Armstrong, Chairman
Lake Elmo Planning Commission
ATTEST:
Mary uef , er, 6ty A nistrator
*This resolution amends PZ2001 -30, as a result of a motion approved regarding Minutes from the May 14, 2001 Planning
Commission meeting, where Commissioner Deziel presented Findings of Fact.