HomeMy WebLinkAboutResolution 2001-031Golish Variances 2001
City of Labe Elmo
Washington County, Minnesota
Resolution No. PZ 2001 -31
A RESOLUTION REGARDING A SHORELAND STANDARDS VARIANCE
Robert & Lucy Golish - 9369 Jane Road
WHEREAS, the Labe Elmo Planning Commission, at its May 14, 2001 meeting, reviewed
and heard testimony regarding the application of Robert & Lucy Golish, to vary from the standards
of Section 325.06 - Shoreland Standards Subd. 4.A Placement Design, and Height of Structures,
and Subd. 2.B, Lot Width of the Lake Elmo City Code with respect to the property located at:
9369 Jane Road North, legally described as Lot 11 of Berschens Shores.
WHEREAS, said variance is described as follows:
A variance to place a structure 44.2 feet to 52.7 feet from the Ordinary High Water (OHW)
level, where 100 feet is required; and, a variance to allow a lot width of 103.34 feet, where 150 feet is
required.
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 result from these two factors.
2. Protection of homes from surface water flooding is a right normally enjoyed
by other property owners. A literal interpretation of the setback standards,
when coupled with the age of the existing structure would preclude the
applicant from enjoying these rights.
3. The conditions leading to this variance resulted from actions of the City by
prior plat approval; the Watershed District by establishing Lake Jane
Ordinary High Water well after platting of the parcel; and, the State
Legislature by mandating Shoreland Zoning well after plat 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. The variance will not be materially detrimental to the purposes of the Zoning
Ordinance or other properties.
ADOPTED, by the Lake Elmo Planning Commission this 14th day of May, 2001.
ATTEST:
M Kue� er, City =dministrator
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