HomeMy WebLinkAboutResolution 2001-043RESOLUTION NO. 2001- 043
AN ORDER ISSUED BY THE BOARD OF ADJUSTMENTS AND APPEALS
WHEREAS, Joseph Kiesling, 9359 Jane Road North, applied for variances to
Section 325.06 ad Section 300.05 Subd 2 C. to enlarge his existing home at 9359Jane
Road N.
WHEREAS, the variances requested by the applicant are to enlarge the existing
structure 22 feet from the Ordinary High Water Level, where 1.00 feet is required; and a
variance to alter a non - conforming structure,
WHEREAS, at its May 14, 2001 meeting, the Planning Commission held the Public
Hearing required by Code and adopted Resolution No. 2001 -30 approving the variance
application of Joseph K.iesling to enlarge the existing structure 22 feet from the Ordinary
High Water level and a variance to alter a non - conforming structure based on Findings
stated in the Resolution.
WHEREAS, on May 15, 2001, the Board of Adjustment and Appeals received from
City Administrator Kueffner, a notice of appeal to the Planning Commission's decision for
approval within the 5 day appeal period.
WHEREAS, the Zoning Administrator notified the applicant, the Chairperson of the
Planning Commission, and the abutting property owners of the time and date of the
hearing.
WHEREAS, at the June 5, 2001 meeting, the Board of Adjustment of Appeals held
the hearing and considered the applicant's appeal to the decision of the Planning
Commission,
NOW, THEREFORE, BE IT RESOLVED, that the Board of Adjustment and
Appeals deny the requested variances on the Appeal by City Administrator Kueffner based
on the following findings:
1. The literal interpretation of the zoning ordinance will not deprive the applicant of
reasonable rights, similar to those enjoyed by other property owners with
property in. similar physical circumstances. The existing home is of substantial
size, with lake side decks and a two -car garage.
2. The degree of Ordinary High Water setback departure requested by the applicant,
as a zoning variance, would be a special privilege that has not been accorded to
other property owners in the Shoreland Overlay District. Lesser degrees of
encroachment have been denied as variances.
3. No hardship, has opposed to the applicant's personal desire, has been
demonstrated.
4. The requested variance is not the minimum that would alleviate the hardship,
since no hardship as been demonstrated.
5. The area of this lot now above the Ordinary High Water level was, in part, was
artificially created from lakebed in years past. By that action, encroachment in
excess of most other lake front lots in the neighborhood has already taken place.
Additional encroachment by approval of this variance would bestow a privilege
to this property owner not enjoyed by other property owners in similar
circumstances.
ADOPTED, by the Lake Elmo City Council this 19th day of June, 2001.
Lee Hunt, Mayor
ATTEST:
Mar,y*uejqier, Cit Administrator
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