HomeMy WebLinkAboutResolution 2001-044Corlone Resolution
July 5, 2001
Issuance of New Tax Numbers
City of lake Elmo
Washington County, Minnesota
Resolution 2001-044
VA
161 bh,41�1 10
WHEREAS, Lots 1, 2, 3, 4, 5, 6 and 7, Block 1,Tablyn Park were combined into one tax
parcel; and
WHEREAS, Lots 7, 8, 9, 10 and 11, Block 2, Tablyn :Park were combined into one tax
parcel; and
WHEREAS, the combination of the aforementioned lots was for tax purposes only, and
WHEREAS, the Lake Elmo Planning Commission, at its May 30, 2001 meeting, reviewed
and heard testimony regarding the application for variance from the standards of Section 300.09
Additions and Exceptions to Minimum Area, Height, and Other Requirements of the Labe Elmo
City Code at proper;,- legally described as:
Lots 1, 2, 3, 4, S, 6, and 7, Lot 1 Tablyn Park;
P.I.D. No. 821.9029.21.13.0001
and,
Lots 7, 8, 9, 10, and 11, Block 2, Tablyn Park
P.I.I. No. 821.029.21.12.0019
WHEREAS, variances to create 5 new lots; 2 at 30,000 square feet, 2 at 30,200 square feet,
and 1 at 32,000 square feet, and, an additional remnant parcel of 15,000 square feet, in the R -1
Zoning District was approved by the Planning Commission based on the following findings:
1. There would appear to be unique circumstances regarding the parcels as they
exist. They were created in an unusual configuration (length to width) in
response to issues unrelated to the practicality of the end use intended by the
original platting, after being first platted in character with adjacent parcels.
Corlone Resolution
July 5, 2001
Issuance of New'rax Numbers
2. The literal interpretation of the lot area standards of the R -1 district in this
case would deprive the applicant of rights enjoyed by other property owners
in the Tablyn Park neighborhood, if not all R -1 zoned areas of the City. The
average lot size in this neighborhood is 24,000 square feet, or 37% of the R -1
minimum standard. The variances would result in parcels more than 30,000
square feet, or 46% of the R -1 lot size standard. Lots of Record is considered
by the Zoning Ordinance to be conforming at 39,000 square feet.
3. It is reported by the applicant, and confirmed by City staff that was involved
at the time, that the combination of the originally platted lots into the two
large existing tax parcels was advocated by the City. As such, the actions
resulting in the existing parcel areas are not totally attributable to the
applicant.
4. The variances requested would not confer on the applicant any privilege that
has been denied to other property owners in this neighborhood, if not all R -1
zoned areas of the City. Prior variance approvals have used the Average Lot
size of the Neighborhood criterion.
5. To the extent the hardship demonstrated is that of the unusual configuration
of the existing tax parcels, the variances requested is the minimum necessary
to alleviate excessive lot aspect ratios.
6. The variances will not be detrimental to the purpose of the Zoning Code, or
to properties within this neighborhood and zone.
7. The hardship may be, in part, economic but is also demonstrated to be, in
part, the unique and constrained existing parcel configuration.
VMER.EAS, the Lake Elmo Planning Commission approved the variances requested
subject to the following conditions:
1. Compliance with the recommendations of the City Engineer, and City
Attorney.
2. The City Attorney has recommended that the property owner restrict the use
of the new tax parcels so that each new tax parcel can only be used for one
single - family dwelling.
3. Concurrent combination of the remnant parcels (Lot 11, Block 2 Tablyn
Park) with the Lot 12, Block 2 Tablyn Park.
MOW, THEREFORE, BE IT RESOLVED by the Lake Elmo City Council that separate
tax parcel numbers be issued by Washington Council for the following parcels:
Lot 1 and Lot 2, Block 1, Tablyn Park
Lot 3 and Lot 4, Block 1, Tablyn Park
Lot 5 and Lot 6, Block 1, Tablyn Park
Lot 7, Block 1, Tablyn Park
Lot 7 and Lot 8, Block 2, Tablyn Park
2
Corlone Resolution
July 5, 2001
Issuance of New Tax Numbers
Lot 9 and Lot 10, Block 2, Tablyn Park
Lot 11, Block 2, Tablyn Park
BE IT FURTHER RESOLVED, that said approval is conditioned as follows:
1. Applicant shall provide to the City, in a form approved by the City Attorney, a
Restrictive Covenant to be attached to each new tax parcel, which prohibits the
construction of more than one residential dwelling on each new tax parcel, except Lot
11, Block 2.
2. Applicant shall provide proof of conveyance of Lot 11, Block 2 to the owner of Lot 12,
Block 2 before the recording of this resolution with Washington County.
3. The City is named as a third party on the Restrictive Covenant.
ADOPTED, by the Lake Elmo City Council this 5th day of July 2001.
1.M....
Lee Hunt, Mayor
ATTEST:
Mary keff� \ ) City A�r�iinistrator