HomeMy WebLinkAboutResolution 2001-096Pihaly /Reissner Variance
2001
City of Lake Elmo
Washington County, Minnesota
Resolution No. PZ 2001 -96
A RESOLUTION REOARDINO A SHORELAND STANDARDS VARIANCE
3681 Kelvin Avenue North
WHEREAS, at its October 22, 2001 meeting, the Lake Eh-no Planning Commission
reviewed and heard testimony regarding the application of Julie Pihaly and Jon Reissner, to vary
from the standards of Section 325.06 — Shoreland Standards Subd. 4.A Placement, Design, and
Height of Structures, of the Lake Elmo City Code with respect to the property described as follows:
3681 Kelvin Avenue North
WHEREAS, said variance is described as follows:
Enlarge a non - conforming structure situated more than 80 feet within the Shoreland District
where the Ordinary High Water Level is 154 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 site exhibits physical circumstance not generally found with sites located
in the Shoreland District in Lake Elmo. The site exhibits significant
topography (approximately 25 feet vertical difference) from the water level of
Sunfish Lake to the location of the structure proposed to be enlarged
vertically. The vertical separation between the water and the structure
location mitigates the impact on the lake of foreshortened setback.
2. The applicant has documented the unique character of the living space of the
existing structure as substandard in comparison with most other properties in
the same district under the terms of this ordinance. Reasonable property
rights will be deprived, on that basis, without the enlargement of the
structure -resulting from the variance.
3. The placement of the existing structure, and sewage treatment system within
the OHW setback resulted from actions by the City and previous ownership,
not the direct actions of the applicant.
4. The requested variances, in quantitative terms, are well within the range of
those previously found to be inclusive of the intent and purposes of the
Shoreland District, and therefore approved — that has not been denied, under
similar quantitative circumstances to owners of other lands, structures, or
buildings within the Shoreland Overlay District.
5. To accomplish overcoming the hardship documented by #2 above, the
applicant has documented alternatives for the enlargement of the existing
structure. The applicant has demonstrated that the enlargement alternative
proposed — exclusively vertically — is the minimum required to overcome the
demonstrated hardship.
6. The variance would not be materially detrimental to the purposes of the
Shoreland District, as noted by Finding #1, or to property in the same zone.
BE IT FURTHER RESOLVED, that the Lake Elmo Planning Commission hereby
approves and issues this order subject to the following condition:
Inspection by a qualified party and certification to the City as to the condition
and proper functioning of the on -site sewage system prior to issuance of a
building permit to modify any portion of the existing structure.
ADOPTED, by the Labe Elmo Planning Commission this 22`d day of October 2001.
E
ActingVice- Chairman, Robert Helwig
Lake Elmo Planning Commission
ATTEST:
Mary Kuc ff e ity Adm trator